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CAT quashes Meta/GIPHY merger decision

18/07/22

Brick Court Chambers reported here on the judgment of the Competition Appeal Tribunal dated 14 June 2022 finding that, by reason of redactions, the CMA had failed properly to consult via its Provisional Findings and had wrongly excised portions of its Decision in the Meta/GIPHY merger investigation (whilst rejecting Meta’s other grounds of review). By consent of the parties, the Decision has now been quashed and the matter remitted to the CMA.

The Tribunal’s Order made on 14 July 2022 is here.

Daniel Jowell QC, Gerard Rothschild and Richard Howell acted for Meta (instructed by Latham & Watkins).

Emma Mockford acted for the CMA (instructed by their in-house legal team). Marie Demetriou QC was also instructed at an earlier stage of the proceedings.

Sarah Love and Sophie Bird acted for Privacy International, which intervened by written submissions (instructed by Hausfeld).