The UK Competition Appeal Tribunal criticises an interim measures direction issued by the OFT (London Metal Exchange)

This case concerned costs, primarily, but provides detailed judicial comment on what the OFT is expected to do before issuing an interim measures decision (IMD) under section 35 of the Competition Act 1998 (Act). The case revolved around the first IMD issued by the OFT under the Act. It was issued by the OFT to London Metal Exchange (LME) on 27 February 2006 and required the LME not to increase the hours of trading available on its electronic trading platform. Section 35 of the Act provides for the OFT to make IMDs pending a final decision as to whether or not there has been an infringement of the Chapter I/Chapter II prohibitions of the Act and/or Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). The OFT must first consider it necessary to act as a

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  • Kings Chambers (Leeds)

Quotation

Adam Aldred, The UK Competition Appeal Tribunal criticises an interim measures direction issued by the OFT (London Metal Exchange), 8 September 2006, e-Competitions Interim measures, Art. N° 27708

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