Cérélia Group Holdings SAS v Competition and Markets Authority

Subject Matter

COMPETITION — Competition Appeal Tribunal — Relevant merger situation

[2023] CAT 54, CAT

COMPETITION — Investigatory powers — Market investigations — Competition and Markets Authority referring merger of businesses for investigation and report — Authority exercising power to extend reference period if unable to publish report within standard period owing to “special reasons” — Report finding constraints offered by competitors insufficient to prevent merger causing substantial lessening of competition — Companies involved in merger seeking review of decision — Intensity of review to be carried out — Whether authority’s assessment as to constraints offered by competitors irrational — Whether “special reasons” for authority to extend reference period — Effect of unlawful decision to extend time — Enterprise Act 2002 (c 40) ss 39, 120

[2024] EWCA Civ 352; [2025] Bus LR 94; [2024] 2 All ER (Comm) 872; [2024] WLR(D) 168, CA

Appellate History