The UK Competition Appeal Tribunal rules that Competition Commission’s use of data room in market investigations breached duty to consult (BMI Healthcare)

Case management powers This case is a brilliant example of good management powers. As noted by Brick Court Chambers, ‘[T]he 35-page reserved judgment in BMI Healthcare Ltd. & others v. Competition Commission [2013] CAT 24 is remarkable for demonstrating the speed with which the Tribunal is able to act, being delivered only 15 days after the notice of application was filed and less than 48 hours after the hearing. It contains a detailed exposition of the principles for balancing confidentiality with the requirements of a fair hearing, including consideration of confidentiality rings and the appropriate use of data rooms for ring-fencing sensitive information.’ [1] The facts In this case, the court held that the procedure adopted by the Competition Commission was unfair in the

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  • Manchester University

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Dorota Galeza, The UK Competition Appeal Tribunal rules that Competition Commission’s use of data room in market investigations breached duty to consult (BMI Healthcare), 2 October 2013, e-Competitions October 2013, Art. N° 59370

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