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Formula 1: Liberty Media’s race across the regulatory finish line

Motorsport racing line
Wednesday, 31 May 2017 Author: Benoît Keane

The acquisition of the Formula One Group by Liberty Media has been approved by the Competition and Markets Authority (CMA) in the United Kingdom as well as by national competition authorities in other countries (a copy of the CMA’s decision is available here[1]). Although the deal did not meet the thresholds for an EU-wide merger review, the European Commission is being urged to conduct a separate competition inquiry. 

This article explores the reasoning of the UK competition authority for clearing the deal and assesses the likelihood of further competition investigations under the authorities’ broader enforcement powers. Specifically it looks at:

  • The nature of the deal

  • Notification of Formula One Group acquisition to the European Commission

  • The Competition and Markets Authority’s review

  • Analysis and comment, including conflict of interest concerns

  • Conclusions

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Benoît Keane

Benoît Keane

Benoît Keane is a Solicitor-Advocate specialising in European sports law. Based in Brussels, he acts in cases before the European Commission and European Court of Justice as well as in cases before national courts where there is an EU/competition law dimension. He has acted in landmarkEU/competition cases, notably the Super League case and the pending cases on football agents and sports arbitration. He has appeared as a legal expert and counsel before the Court of Arbitration for Sport. He also advises on the commercial aspects of sport from an antitrust perspective. He is recognised by legal directories as a “worldwide leading expert in sports-related EU law matters and the “best of the best when it comes to the application of competition law”. He acts as an independent lawyer and is a consultant to Northridge LLP.