On 4th December the Competition Appeal Tribunal revealed its conclusion at this stage in proceedings concerning the Competition Commission ruling of 6th June 2013 that MyFerryLink (MFL) must cease trading from Dover as it is ultimately operated by Eurotunnel.

The Appeal Tribunal dismissed each and every challenge made by Eurotunnel and the SCOP (Operators of MFL) and agreed that Eurotunnel and the SCOP are one and the same rather than separate entities. The only part of the ruling that the tribunal had issue with was whether or not Eurotunnel/the SCOP acquired an asset or an enterprise. The Competition Commission has not properly considered whether it has legal jurisdiction to consider the transaction or not so must therefore reconsider this point and issue a new decision.

Eurotunnel SA says it is “delighted” at the decision by the UK’s Competition Appeal Tribunal but this result is not the final ruling and may only represent a stay of execution for the MFL operation considering the amount of money it has been losing. The somewhat jubilant reaction to the news on 4th December from the French side of the channel rather surprised both DFDS Seaways and P&O Ferries, who both support the original ruling, as this could well be a little premature.