The UK Competition Appeal Tribunal rules in favour of applicants seeking disclosure of documents from the Competition Authority case file concerning completed investigations (HCA)

Introduction In a judgment published in July 2014, the Competition Appeal Tribunal (the CAT) ruled in favour of applicants seeking disclosure of documents from the Competition and Markets Authority (the CMA) case file concerning completed investigations. The judgment arose in connection with appeals against the CMA's decisions in the private healthcare market investigation. The CAT weighed the benefits to the applicant of granting disclosure against the burden of disclosure falling on the CMA. Fairness and the need to ensure that parties are on an equal footing trumped practical and procedural considerations on each occasion. This case indicates the importance of procedural fairness and equality of arms when it comes to disclosure issues – even

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Authors

  • Norton Rose Fulbright (London)
  • Norton Rose Fulbright (London)
  • Norton Rose Fulbright (London)

Quotation

Mark Simpson, Caroline Thomas, Susanna Rogers, The UK Competition Appeal Tribunal rules in favour of applicants seeking disclosure of documents from the Competition Authority case file concerning completed investigations (HCA), 25 July 2014, e-Competitions July 2014, Art. N° 72313

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