The UK Competition Appeal Tribunal rules on the balance between protecting confidentiality and assuring procedural fairness (BMI Healthcare)

The UK Competition Commission, in its final months before being absorbed into the new Competition and Markets Authority, has had a procedural decision overruled by the Competition Appeal Tribunal (Britain’s specialist judicial body that oversees decisions by the competition authorities). In the case, BMI Healthcare and others v Competition Commission [1], the Tribunal held that the Competition Commission had been unfair in the balance it struck between, on the one hand, allowing parties under investigation to see information relevant to their case and, on the other, protecting confidential business information. The Tribunal held that the Competition Commission had erred too much in favour of protecting confidentiality, prejudicing the rights of the parties under investigation. Context

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  • British Competition Authority - CMA (London)

Quotation

Michael Grenfell, The UK Competition Appeal Tribunal rules on the balance between protecting confidentiality and assuring procedural fairness (BMI Healthcare), 2 October 2013, e-Competitions Bulletin October 2013, Art. N° 72321

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