The UK Competition Appeal Tribunal criticises the NCA’s improper and unjust use of data rooms in market investigations (BMI Healthcare)

Background This appeal to the UK Competition Appeal Tribunal (“CAT”) concerns a reference that was made by the Office of Fair Trading to the UK Competition Commission (“CC”) under section 131 and 133 of the Enterprise Act 2002 (the “Act”) on 4 April 2012. The investigation is into the private healthcare market and in particular the activities of the UK’s three largest private hospital operators: BMI Healthcare, HCA International and Spire Healthcare (the “Applicants”). The CC published its Provisional Findings Report (the “Report”) on 2 September 2013, which estimates a detriment to consumers of between £173 and £193 million as a result of adverse effects on competition identified between 2009 and 2011. [1] On 9 and 10 September 2013, the CC operated a ‘data room’ in order to disclose

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Emile Abdul-Wahab, The UK Competition Appeal Tribunal criticises the NCA’s improper and unjust use of data rooms in market investigations (BMI Healthcare), 2 October 2013, e-Competitions October 2013, Art. N° 59413

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