# My Ferry Link court decision - latest news



## mikebeaches

The UK's Competition Appeal Tribunal (CAT) has announced that judgement will be handed down on 4 December on Eurotunnel/My Ferry Link's (MFL) appeal against the Competition Commission's decision banning it from operating ferry services on the Dover strait.

http://www.lloydsloadinglist.com/fr...ue&keywords=my+ferry+link&phrase#.Upm0GaJj1am

Mike

Site helper note - title edited to bring up to date (April '14)


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## bognormike

interesting, Mike. Thanks.

here's the previous thread about them

http://www.motorhomefacts.com/ftopic-126354-0-days0-orderasc-.html

maybe there is a compromise in the air, as UK competition regulators say it is and the french say it isn't unfair competition. If the company can be shown to be operating without a cross subsidy from Eurotunnel, then both sides may be able to agree? But are they really able to operate without a subsidy, or huge funding from Eurotunnel?


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## homercostello

*my ferrylink court case*

my ferrylink court decision comes out in their favour it looks like i will still be able to use my multiple trip carnet. i was worried they would be banned from operating but all is well.  
http://www.kentonline.co.uk/east_kent_mercury/news/my-ferry-link-claims-victory-9773/


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## nicholsong

*Re: my ferrylink court case*



homercostello said:


> my ferrylink court decision comes out in their favour it looks like i will still be able to use my multiple trip carnet. i was worried they would be banned from operating but all is well.
> http://www.kentonline.co.uk/east_kent_mercury/news/my-ferry-link-claims-victory-9773/


Hold your horses; what about this part of the newspaper report that you linked to:-

"But the future of the workforce still hangs in the balance as the ultimate decision was referred back to the CC once more.

The CC will now reconsider its earlier conclusions from June, especially whether or not it has jurisdiction to review the transaction at all."?

It might not all be over yet.

Geoff


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## mikebeaches

This appears to be the latest update on the saga:

"The Competition Commission is to reconsider whether it had the right to order Eurotunnel to stop running cross channel ferry services, it has been revealed today.

The commission will look again at whether the Channel Tunnel firm broke merger-control rules when it bought three ferries belonging to doomed operator SeaFrance after it went into administation.

Eurotunnel launched MyFerryLink in August 2012 but in June last year, the commission ordered the company to stop running its Dover to Calais services within six months...."

http://www.kentonline.co.uk/folkestone_express/news/commission-to-reconsider-ferry-ruling-11063/

Mike


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## GEMMY

From the horses mouth:

http://www.competition-commission.o...to-reconsider-jurisdiction-in-eurotunnel-case

tony


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## HarleyDave

I don't always "get" big business (too complicated for me) but I assume the master plan was for Eurotunnel to run a heavily subsidised ferry service such that we would all use that to the detriment of DFDS and P&O.

Then, when they went out of business, Eurotunnel could withdraw their own ferry service, citing the ever escalating cost of marine diesel or whatever, and hike the tunnel charges?

Or am I just being cynical?

Cheers

Dave


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## Pudsey_Bear

HarleyDave said:


> I don't always "get" big business (too complicated for me) but I assume the master plan was for Eurotunnel to run a heavily subsidised ferry service such that we would all use that to the detriment of DFDS and P&O.
> 
> Then, when they went out of business, Eurotunnel could withdraw their own ferry service, citing the ever escalating cost of marine diesel or whatever, and hike the tunnel charges?
> 
> Or am I just being cynical?
> 
> Cheers
> 
> Dave


You are being cynical, you are also probably not too far of the mark


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## jonegood

So the underlying suggestion is:-

If you use myferry - who are consisently cheaper than the others - you may be contirbuting to put p&O and DFDS dover calais service out of business, at which point Eurotunnel will close My Ferry and we will all have to use the tunnel.

When I see the sheer amount of traffic that passes through Dover, I find it hard to imagine everything going through the tunnel and surely it is unlikely that any one operator could cope with the amount of cross channel business by themselves. So the ultimate result might be a hardening of prices and one less operator. I think that is survivable. 

I tried the other two when seafrance folded and really prefer My ferry, no nonsense, leaves on time and not full of coach parties.

So Im going to do what the MMC is doing - sit on the fence an watch a bit longer.

Jon
Ps thanks for the info guys.


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## HarleyDave

My Ferry don't seem to be taking bookings for after July - which makes sense I suppose

Cheers

Dave


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## Carl_n_Flo

*Latest news on MFL..........*

The latest news on the future (or otherwise) of My Ferry Link has been released:

_"The Competition and Markets Authority has provisionally confirmed an earlier decision by the Competition Commission that Eurotunnel should be barred from operating a ferry service from Dover.

This follows a review of whether circumstances had changed enough in the market for it to alter its original decision.
In 2012, the Channel Tunnel operator acquired the three ferries and related assets of the former SeaFrance (now liquidated) and recommenced a ferry service on the Dover-Calais route under the MyFerryLink brand.

In June last year, the Competition Commission (CC) decided that by adding the ferries to its existing Channel Tunnel business Eurotunnel would increase its share of the market to over half - and was likely to end up as one of only two ferry operators on the route - leading to price rises for passengers and freight customers.

Following a legal challenge to that decision, the CC considered again whether the acquisition of the ferries by Eurotunnel, in partnership with a workers' cooperative formed by former SeaFrance employees (known as the SCOP SeaFrance), qualifies as a merger under the UK merger control rules, after the issue was remitted to the CC by the Competition Appeal Tribunal (CAT).

In March the CC provisionally ruled that it did have jurisdiction to make the decision. The Competition and Markets Authority (CMA) took over the case from the CC at the start of April (see Notes for editors). The CMA has now also looked at whether there have been any material changes in the market which should lead it to reconsider its decision. Passenger growth on the Dover-Calais route has been greater than originally anticipated, but at least two of the ferry operators are still making substantial losses. The provisional view of the CMA is that, if Eurotunnel is allowed to continue its ferry service from Dover, a competitor is likely to withdraw from Dover-Calais. This would leave Eurotunnel as the operator both of the rail link and one of two ferry services operating between Dover and Calais.

The CMA has also looked at its original remedy which bans Eurotunnel from running ferry services from Dover. It has provisionally rejected an alternative proposal from the SCOP to operate the service independently from Eurotunnel. This remedy would require the SCOP to have access to substantial new financing and the CMA believes that the proposal as it stands would be subject to too much uncertainty and delay to represent an effective solution.
The CMA has also provisionally rejected a proposal from DFDS to reduce the original implementation period before Eurotunnel would be required to stop running ferries in and out of Dover from six to three months. The CMA considers that the longer period is still necessary to avoid causing uncertainty for ferry passengers and freight customers who have advance bookings or annual contracts.

Alasdair Smith, CMA Deputy Panel Chair and Chairman of the Eurotunnel Remittal Group, said: MyFerryLink is making losses and being funded by Eurotunnel. This is causing the current level of competition on the Dover-Calais route to be unsustainable and is likely to lead to the exit of a competitor. The interest of cross-Channel customers, both passengers and freight, will not be well served if Eurotunnel ends up as one of only two ferry operators in addition to owning the competing rail link. Eurotunnel's purchase of ferries means it now has over half the market and its share will rise further if competitors exit. It's much better to have three competing cross-Channel operators - Eurotunnel running the rail link and two independent operators on the ferry route.

We have looked again at our proposed solution of banning Eurotunnel from operating ferries from Dover. We don't think any of the alternatives proposed to us will restore effective competition on the Channel. A six-month notice period before the ban comes into effect will minimise disruption and uncertainty for ferry customers.

The CMA will now consider the responses it has received to its provisional decisions before publishing its final decision in the remittal next month.

MyFerryLink started a ferry service on the Dover-Calais route in August 2012, using vessels acquired by Eurotunnel which were previously owned by SeaFrance before the ferry company was placed in liquidation in November 2011. The vessels are operated by the SCOP SeaFrance, a cooperative including many former employees of SeaFrance. Eurotunnel also operates passenger and freight train services through the Channel Tunnel between Folkestone and Calais.

The document setting out our provisional consideration of possible material changes of circumstances is available on the inquiry home page. Comments are invited from any interested parties by 5pm on Tuesday 3 June 2014.

To submit evidence, please [email protected] or write to:

Inquiry Manager 
Eurotunnel remittal 
Competition and Markets Authority 
Victoria House 
Southampton Row 
LONDON WC1B 4AD

Notes for editors

The CMA is the UK's primary competition and consumer authority. It is an independent non-ministerial government department with responsibility for carrying out investigations into mergers, markets and the regulated industries and enforcing competition and consumer law. From 1 April 2014 it took over the functions of the CC and the competition and certain consumer functions of the Office of Fair Trading, as amended by the Enterprise and Regulatory Reform Act 2013.

The members of the Eurotunnel Remittal Group are: Alasdair Smith (Chairman of the Group and CMA Deputy Panel Chair), Robin Aaronson, Ivar Grey and Malcolm Nicholson.

Enquiries should be directed to Rory Taylor or Siobhan Allen or by ringing 020 3738 8798 or 020 3738 6460 ."

Read more: http://dfe.boards.net/thread/58/myferrylink?page=10#page=9#ixzz32GKK08Tk_

It isnt over until the large lady warbles, but if this pans out as above I can see some serious disruption ahead in the French ports!!!!!

Carl


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## bognormike

Thanks Carl. 

So it's still considered as unfair competition on this side of the channel, but not on the French side because of all the jobs that are propped up there . Are we really going to prevent sea France mkII from entering Dover, if the French equivalent of the competition commission say they won't intervene at that end? 

How can it be sensible for one operator (Eurotunnel) to be subsidising another to the detriment of the other operators? Especially when the current operators (DFDS and P&O ) are struggling to break even. Many have 
said on here that they are happy as long as the prices are kept low, but what if DFDS say sod it, and pull out? You would end up with just 2 companies, (Eurotunnel cum SFII, and P&O) - and much higher prices. 
If another operator thinks they can come in & make money, fine; but not with subsidies from elsewhere.


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## pippin

A blockade by French fishing boats will soon have that decision reversed!


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## Carl_n_Flo

Briefly, I think the thinking at the CMA is that if Eurotunnel/MFL are allowed to continue with Dover/Calais, then DFDS will pull out.

This will leave only P&O and Eurotunnel/MFL as the only providers on the short crossing and, with Eurotunnel's current market share as it is, effectively handing Eurotunnel/MFL a monopoly / unfair market share on a plate.

None of this would have happened if Eurotunnel hadnt got involved at all..............

DFDS will still have problems even if MFL are forced out of Dover. The only suitable ships that would be available would be the Berlioz and the Rodin - and Eurotunnel have given legal undertakings not to sell them on for something like 5 years. And the Calais Seaways is going to its new owner (Stena) in November, so I have no idea what ships they would propose to use.............


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## Carl_n_Flo

Eurotunnel / MFL are not going down without a fight:

http://www.theguardian.com/business/2014/may/20/eurotunnel-legal-fight-cross-channel-ferry-service

A rediculous state of affairs.... an appeal of an appeal!!!


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## Mrplodd

Now dont forget that LD Lines (DFDS) have just started a service out of Poole to Santander and spent a fair bit of money at Poole Port upgrading tgheir facilities

As I said when they first announced this service I cannot see they will have spent all that money for a twice weekly service to Spain, my bet is that they always had an idea that they might wish to pull out of Dover (where they are making a loss) and move the operation to Poole where there is really only Brittany Ferries (yes Condor also offer a service but its expensive and VERY weather critical) 

So the only question I can see is which port in France will they go for?? Cherbourg (already served fairly well out of Portsmouth), St Malo, Caen or perhaps even Roscoff??

Time, as the saying goes, will tell.


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## Cherekee

Via the Channel Islands on the way to/return from St Malo.

Now that's a thought.

Competition for Condor maybe.

Alan


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## Mrplodd

I certainly hope so! 

Condor have a size restriction on their service out of Weymouth (about 3 miles from my house) which precludes me from using their "Vomit Comet" (for those unaware they use high speed wave piercing catamarans, great if the sea is flat but if it's anything other then the vessels motion is REALLY uncomfortable,) so a conventional vessel service (other than Brittany who seem pricey) out of Poole (about 30 miles distant) would have great appeal to me.

Fingers being crossed now :wink:


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## nicholsong

For those of you who do not want to go W or SW from your French port, but maybe S, SE or E do not forget the DFDS Dover-Dunkirk crossing. OK it is 2 hours instead of 1h 15m but with queuing, boarding and disembarking time the percentage difference is small.

Sometimes the fares are lower than Calais. For MH owners there is a large CP outside the booking office so one can park in the evening and take an early cheap ferry, say 0600 and you are in Dover at 0700 local to beat the traffic.

Geoff


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## Carl_n_Flo

Geoff - that is usually our preferred route.

In fact, I don't think we have EVER taken the van on the crossing via Calais....

As for DFDS pulling out of Dover - it aint goin' to happen!! Certainly not with their Dunkerque route. And they will only quit Calais if MFL are allowed to continue - THEN watch the fares increase!!!

The DFDS route to Spain came about as a 'cut-price' competition to Brittany Ferries........who then responded with their own 'Economie' branded ships...........because BF pulled out of Poole. DFDS are also getting a very healthy 'helping hand' from the Port of Poole to continue the service.

Carl


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## teemyob

DFDS lost money on the Norway Trip and closed that
DFDS lose money on the Denmark route and are closing that
DFDS run Dover routes at a loss............

P&O pulled out of the Western Channel
P&O never renewed the POB Lease/replaced boat stating they made a loss on the Britain/Spain crossing
P&O are breaking even / losing money on the Dover routes...........

P&O have just laid on Spirit of France/Britain.

So......., Stena?


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## Carl_n_Flo

http://www.insidermedia.com/insider/south-east/117804-cma-confirms-eurotunnel-ban

http://www.standard.co.uk/business/...tunnel-operator-blasts-ferry-ban-9567164.html

The UK Competitions Market Authority has confirmed it's ban on Eurotunnel operating the MyFerryLink ferries into Dover.

They have 6 months to cease.

Lets hope that common sense prevails and that something can be worked out to protect the jobs at threat - maybe DFDS taking over the ships and crews?

If not, I can see we (the travellers) will be in for some disruption at Calais in the months to come......................


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## bognormike

about time too! People may say it's anti-competitive that SeaFrance MkII will not be allowed to continue, but it's clearly anti-competitive that Eurotunnel are backing it financially, affecting DFDS and P&O's profitability. If the operation was hived off competely so they could stand on their own without support from Eurotunnel, that would be fine.

quote from the Standard article in Carl's post

"The competition regulator said: "Eurotunnel will be given six months to stop running services from the date of an order to that effect. It could also find another owner for the MyFerryLink business, if that made MyFerryLink completely independent of Eurotunnel.” "


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## GEMMY

Does ANYBODY want to buy 3 boats manned by the French, :lol: :lol: :lol: 

tony


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## Carl_n_Flo

_PRESS RELEASE _(From MyFerryLink - therefore Eurotunnel...)
_Calais, June 27th, 2014
FULL SAILING SCHEDULE GUARANTEED FOR THE SUMMER AND BEYOND

The Competition and Markets Authority (CMA) has this morning published their revised conclusions on the matter of Eurotunnel/SeaFrance merger.
This follows the judgment of the Competition Appeal Tribunal (CAT) in December last year, which required the CMA to reconsider their analysis.

MyFerryLink is not surprised, that the CMA has maintained the same position as set out in their preliminary findings both in March and May.
We continue fundamentally to disagree with the CMA on a number of critical points.
First and foremost we do not consider that the CMA has jurisdiction to review the transaction as a matter of UK merger law.
It is also manifestly the case that the CMA's decision, which will reduce choice, is bad for consumers, bad for competition
and bad for all those involved in cross-Channel operations (staff, employees, customers and the wider regions in both Dover and Calais).

We will therefore be appealing to the CAT to seek its review of the CMA's revised conclusions in this regard.

Given that any appeal is unlikely to be finally determined until much later this year at the earliest, we would like to reassure our loyal customers
that we will continue to operate our full schedule throughout the summer season and beyond.

MyFerryLink operates up to 24 daily crossings on the Dover-Calais route, with high season summer fares starting from £39 each way for a car
and up to nine passengers.

Read more: http://dfe.boards.net/thread/58/myferrylink?page=14#scrollTo=5880#ixzz35pweyIjB_


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## Carl_n_Flo

.........and Eurotunnels actual press release:

PRESS RELEASE
27 June 2014

Groupe Eurotunnel describes as absurd the Competition and Markets Authority decision to ban MyFerryLink from Dover

The Competition and Markets Authority (CMA) has just confirmed the decision that it made last year (June 2013), to ban the ferries Berlioz and Rodin from the port of Dover for ten years:

Groupe Eurotunnel stated that:
-The decision of June 2013 was rejected on appeal in December of 2013, as the purchase via public auction of the assets of a business that had been liquidated nine months previously could not be considered as the acquisition of an enterprise,
-The short straits freight market has changed dramatically, in terms of competition and growth since 2011/2012, when SeaFrance went into administration,
-The current freight market shares by operator: Eurotunnel: 37%, P&O: 29%, DFDS: 24%, MyFerryLink: 9% show that the competitors in the ferry market have strong positions that are in no way threatened by MyFerryLink.

The analysis made by the CMA is the opposite of that made by its French counterpart, even though it relates to the same market.

Groupe Eurotunnel asked the CMA to seek a convergence of views with its French counterpart, through the offices of the European Commission. Groupe Eurotunnel cannot understand why the CMA refused such an opportunity to resolve this crisis.

Groupe Eurotunnel believes that by removing one competitor from the market, the CMA is creating a de facto duopoly in the maritime sector which will lead to an increase in prices for consumers and a reduction in revenues for the ports of Dover and Calais, without taking account of the social drama it will generate for the 600 employees of the SCOP.
Groupe Eurotunnel is astonished by the length of the prohibition, which includes any minority participation, and also that the CMA recommends selling the ships to another operator. Groupe Eurotunnel can only appeal such an un-just decision.

Jacques Gounon, Chairman and Chief Executive Officer of Groupe Eurotunnel SA stated: “The decision by the CMA is a denial of the reality of the situation. It penalises the consumer and puts 600 people out of work without any real justification.”


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## nicholsong

Well i am glad they have 6 months because I just booked for August.

Geoff


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## suedew

nicholsong said:


> Well i am glad they have 6 months because I just booked for August.
> 
> Geoff


We're booked for September one way fortunately.

Sue


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