#Sony makes it sound like they want to appeal a #CMA decision to clear #Microsoft-#ActivisionBlizzard,
— Florian Mueller (@FOSSpatents) April 6, 2023
Such an appeal would not prevent the deal from closing. I doubt Sony would seek a divestiture because it wouldn't have any realistic chances of prevailing in court. https://t.co/Y3ui3sX6z8
Yeah...
Notice that Sony called CMA "irrational?"
Judgment | Competition Appeal Tribunal
Airwave Solutions Limited Complaint to CMA.
- Ground 2: The CMA's approach to the investment rate of return under the contract was irrational and contrary to established literature.
- Ground 3: The CMA adopted an irrational approach to the market.
Judgment | Competition Appeal Tribunal (catribunal.org.uk)
Meta Complaint to CMA.
- Ground 6: In determining the remedy for the Horizontal and Vertical SLCs, the CMA acted irrationally and/or disproportionately, or acted ultra vires s.35(3) EA02.
Courts Endorse CMA's Broad Discretion in Merger Cases | Cleary Antitrust Watch
Decisions by the CMA in UK merger cases are subject to review by the CAT. When hearing an application, the CAT must “apply the same principles as would be applied by a court on an application for judicial review.” This means that the CAT can quash a decision by CMA’s if that decision was unlawful (ultra vires), irrational, procedurally unfair or disproportionate. The CAT will not interfere in questions of substantive assessment or the exercise of the CMA’s discretion unless the relevant decision is irrational. Irrationality is a high threshold. It requires the applicant to show that the CMA’s decision was so unreasonable that no reasonable competition authority could have reached the same decision in the same situation. In practice, the CAT has been extremely reluctant to interfere in the CMA’s substantive decision making in this way, allowing the CMA a broad margin of appreciation when exercising its discretion. Judgments by the CAT can in turn be appealed to the Court of Appeal but only on points of law and only if either the CAT or the Court of Appeal grants permission to appeal.
Last edited by Ryuu96 - on 06 April 2023
