Eurotunnel-owned MyFerryLink says it cannot accept a decision that it should be barred from operating on the Dover-Calais route on competition grounds.
The company, formed out of the ashes of the collapsed SeaFrance, hit back at findings by the Competition and Markets Authority (CMA) confirming an earlier decision by the Competition Commission that Eurotunnel should be barred from operating the ferry service.
The ferry company said it will exercise its legal right to return to the Competition Appeal Tribunal if the CMA maintains these preliminary conclusions in its final report, which is due out next month.
“MyFerryLink cannot accept these conclusions, which run contrary to the clear statements of the Competition Appeal Tribunal in its judgment of 4 December last year,” the company said.
“MyFerryLink continues to believe that the CMA does not have jurisdiction to review the transaction as a matter of UK merger law.
“Given the fundamental changes and growth in the market over the past 12 months, we are also surprised that the CMA has concluded there has been ‘no material change’ in market conditions since its previous report in June 2013.
“We will continue to work with our legal advisors in challenging these provisional conclusions and in the meantime will continue, together with our dedicated employees, to focus on delivering the high quality service expected of our customers.”