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The CAT has unanimously dismissed Celesio's appeal against the OFT's decision to clear the merger between Boots and Unichem subject to divestments. CRA was retained by Boots during the appeal, and advised Boots during the OFT investigation. The appeal focused on whether the OFT was correct in using a fascia test to assess the local competitive impact of the merger and in concluding that a reduction from 4 to 3 fascia in a locality did not lead to a SLC.
See CAT Judgment