CMA Forces Aramark to Divest Entier After Court of Session Rejects Final Appeal Against Divestiture Order
The Competition and Markets Authority has secured its divestiture order requiring Aramark Limited to sell Entier Limited following a complete defeat for Aramark in the Scottish courts. The CMA's Phase 2 inquiry found competition concerns in the food manufacturing and catering sector, culminating in a Final Order made on 30 April 2026 under the Enterprise Act 2002. Aramark filed a notice of application with the Competition Appeal Tribunal on 13 February 2026 seeking review under section 120, but missed the applicable deadline by one day. The CAT refused both the substantive application and Aramark's request for an extension of time on 10 March 2026. The CAT then refused permission to appeal to the Inner House of the Court of Session on 23 April 2026. Aramark applied directly to the Court of Session, which granted permission at a hearing on 24 June 2026 and heard the substantive appeal on an expedited basis on 10 September 2026. On 7 October 2026, the Court of Session handed down its opinion refusing Aramark's appeal. The CMA has appointed a remedy group, chaired by Crispin Wright, and issued derogations to manage the divestiture process.
Why this matters
This outcome confirms that the CMA's Phase 2 divestiture orders carry real enforcement bite: a missed one-day deadline cost Aramark its only viable procedural escape route, and three successive courts refused to grant relief. The case is a sharp reminder that section 120 Enterprise Act review timelines are absolute in practice, not merely advisory. It also signals that the CMA is willing to pursue contested remedies to completion even where the merging party litigates aggressively through multiple appellate tiers. For deal teams, the case illustrates how a completed acquisition that attracts Phase 2 scrutiny can ultimately result in mandatory divestiture regardless of commercial integration already underway.
On the Ground
Competition counsel will be advising clients on the strict section 120 deadline discipline this judgment reinforces, a missed day is fatal. The case generates work across CMA Phase 2 procedure, merger remedy structuring, monitoring trustee appointments, and appellate review strategy at both the CAT and Court of Session. Trainees on a competition team would be tasked with reviewing the Final Order and derogation documents, preparing a timeline of the procedural history, and drafting a note on the CAT's extension-of-time rules under Rule 25(3) for senior review.
Interview prep
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“What does the Aramark/Entier outcome tell us about the robustness of CMA Phase 2 divestiture orders and the risks of challenging them through the courts?”
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- https://www.gov.uk/cma-cases/aramark-slash-entier-merger-inquiry
- https://www.catribunal.org.uk/judgments/176641226-aramark-limited-v-competition-and-markets-authority-judgment-extension-time-10
- https://www.scotcourts.gov.uk/media/hnengdno/2026csih44-aramark-limited-against-the-competition-and-markets-authority.pdf
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