The English Court of Appeal answers the question of when a decision should be remitted to a different decision-maker (HCA International)

When should a decision be remitted to a different decision-maker?* The Court of Appeal’s answer to this question in HCA International Limited v CMA [2015] EWCA Civ 492 was, in effect: rarely. The judgment, which contains some serious criticism of the CMA even though it won the case, illustrates just how high the threshold is before a court will insist that a remitted decision should go to a new decision-maker. It is not enough for the original decision-maker to have made a mistake, however conspicuous. Rather, there needs to be a reasonable perception of unfairness or damage to public confidence in the regulatory process. The background was the CMA’s private healthcare market investigation, which determined that HCA should divest itself of two

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

  • Blackstone Chambers (London)

Quotation

Tom Coates, The English Court of Appeal answers the question of when a decision should be remitted to a different decision-maker (HCA International), 21 May 2015, e-Competitions Due Process Research Program, Art. N° 75913

Visites 170

All issues

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