On February 8, 2023, the UK Competition Appeal Tribunal (CAT) and the High Court held in a joint ruling that the Competition and Markets Authority (CMA) does not have the power under section 26 of the Competition Act 1998 (CA98) to compel documents or information from a foreign-domiciled person with no UK connection. This was an important test case for the CMA’s investigatory powers. The power to compel documents and information is one of the key tools that enables the CMA (and the UK sector regulators with concurrent competition law powers) to gather evidence and information during competition investigations. Following the UK’s departure from the European Union (EU), the CMA has been committed to pursuing more high-profile cases with an international dimension; cases that would have
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The UK Competition Appeal Tribunal and the High Court jointly rule that the Competition Authority cannot compel foreign-domiciled persons with no UK connection to provide information or documents (Volkswagen / BMW)
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