Ashurst acted for Virgin Media before the Court of Appeal in
relation to the Secretary of State and Competition Commission's
decisions in respect of Sky's acquisition of a 17.9 per cent stake
in ITV. Virgin Media supported the Competition Commission and
Secretary of State in successfully resisting Sky's challenge to the
judgment of the Competition Appeal Tribunal, which had upheld the
decision of the Secretary of State that the transaction gave rise
to a substantial lessening of competition and that Sky should sell
its shareholding to below 7.5 per cent. Sky's appeal was rejected
by the Court of Appeal, upholding the judgment of the Competition
Appeal Tribunal. Unless it persuades the Supreme Court to
hear the case, Sky will now be required to sell down its stake to
7.5 per cent.
The Court of Appeal reversed the Competition Appeal Tribunal's
judgment in relation to the interpretation of the media plurality
provisions of the Enterprise Act 2002, although the issue had no
practical impact due to Sky's appeal being dismissed. Judgment was
handed down on 21 January 2010.
The Ashurst competition team comprised partners Nigel Parr and Duncan Liddell, with senior
associate Ross Mackenzie. Litigation partner Ben Tidswell with senior associate
Lauren Bernard.