The CAT decides that an appeal was available to a third party complainant against an OFT decision to close an investigation following receipt of ’voluntary informal assurances’, and clarifies the procedural rights of complainants (Pernod-Ricard / Campbell Distillers)

1. Introduction In this decision, the Competition Appeal Tribunal (CAT) made an important ruling on whether an appeal was available to a third party complainant against an OFT decision to close an investigation following receipt of 'voluntary informal assurances' from the author of the alleged infringement [1]. The CAT also had to decide, for the first time, the question of the procedural rights of complainants during the administrative proceedings before the OFT. The CAT decided that an OFT decision to close an investigation into an alleged infringement of Chapter II prohibition in the Competition Act 1998 (the 1998 Act), following receipt of 'voluntary informal assurances', was an appealable decision. This position, in line with previous cases in which the CAT decided that appeals

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  • British Competition Authority - CMA (London)

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Sandrine Delarue, The CAT decides that an appeal was available to a third party complainant against an OFT decision to close an investigation following receipt of ’voluntary informal assurances’, and clarifies the procedural rights of complainants (Pernod-Ricard / Campbell Distillers), 10 June 2004, e-Competitions Bulletin June 2004, Art. N° 21102

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