The UK Competition Commission Appeal concludes that a public body is an undertaking when "engaging in purchasing activities" (Bettercare Group Limited)

A. Introduction On 1 August 2002, the Competition Commission Appeal CCAT ("the CCAT") [1] made an important ruling on the application of competition law to publically financed healthcare bodies. In over-ruling the decision of the Office of Fair Trading ("the OFT"), the CCAT held that the North and West Belfast Health and Social Services Trust ("the N&W Trust") was an "undertaking" for the purposes of purchasing residential and nursing care and operating its own Statutory Homes. Since the N&W Trust was an undertaking, it was subject to competition law. Interestingly, in this case the CCAT took a different position from the one adopted by the CFI and the ECJ in the later Fenin v Commission judgments [2] in which the EC courts had to decide on the same question, namely whether

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  • British Competition Authority - CMA (London)

Quotation

Sandrine Delarue, The UK Competition Commission Appeal concludes that a public body is an undertaking when "engaging in purchasing activities" (Bettercare Group Limited), 1 August 2002, e-Competitions Bulletin August 2002, Art. N° 21106

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