The UK CAT rules that use of data rooms is lawful in market investigations, but criticises restrictive access conditions (BMI Healthcare I)

Competition Appeal Tribunal rules that use of data rooms is lawful in market investigations, but criticises restrictive access conditions* In competition investigations, competition authorities receive substantial amounts of confidential business information, some of which will be commercially very sensitive. This information may be used in economic modelling or otherwise be used by the authority to identify anti-competitive conduct, effects or market structures. Some information may be exculpatory. In a recent judgment (BMI Healthcare and others v. Competition Commission (No.1)), the Competition Appeal Tribunal (“CAT”) had to assess the legality of arrangements put in place by the Competition Commission (“CC”) to establish, under restrictive access conditions, a data room in which

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • St John’s Chambers (Bristol)

Quotation

Matthew O'Regan, The UK CAT rules that use of data rooms is lawful in market investigations, but criticises restrictive access conditions (BMI Healthcare I), 2 October 2013, e-Competitions October 2013, Art. N° 57847

Visites 254

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues