| Machiavellian said: For the people who is familiar with CMA and CAT. Lets say that MS wins on appeal and it the Acquistion goes back to the CMA. As a remedy, MS creates an independent ABK and split the company so that it operates in the UK as it does today. If the CMA decides that this is not enough because MS does not do this in the rest of the world, would MS be able to appeal that decision as well. The reason I am asking this question is because I believe we seen where the UK wants their decisions to be reflected outside of their boarders. This would appear to be a huge overreach of UK authority and grounds for ligation. |
Yes MS would be able to appeal again, I've read about a case where the company won twice with CAT appeals against the CMA. The way I understand things is CMA decision could be appealed until CAT refuses to take the case or rule in support of the CMA decision.
I believe the scenario you put forth is the ringfencing scenario that has been alluded to By Ryuu some days ago. My understanding on this is while true that CMA would want their decision to affect worldwide they are limited to adjudicating on the market that impacts their own country, so if they were to block the merger for a market that would be unaffected in the UK it will be an outreach of their mandate and should loose again in CAT appeal. Also in this specific case, (this is speculation on my part) I think the CAT would likely not remit the case to the CMA, while the CAT cannot make decisions in place of the CMA, it may strike down one section of it and decide the CMA have no bearing to adjudicate said section again and so the CMA conclusion would be that advanced by other sections.
