Competition Law in UK Law

Leading Cases
  • Sainsbury's Supermarkets Ltd v Mastercard Incorporated and Others
    • Chancery Division
    • 30 November 2015

    The 1998 Act recognised that competition law was an area which justified a specialist court to deal, not just with appeals in cases concerning public enforcement of the competition rules, but also with some private law claims for damages. One obvious feature of competition litigation is the almost ubiquitous presence of expert economic evidence, often of a complex and technical nature.

  • Ryanair Holdings Plc v Office of Fair Trading and Another
    • Court of Appeal (Civil Division)
    • 22 May 2012

    Counsel for OFT and Aer Lingus also rely on the provisions of the Enterprise Act to which I have referred. They point out that they lay down a strict timetable from initial reference to final conclusion without any power comparable to that of a court to stay proceedings at any stage if it thinks fit. There is no point short of a decision by the Competition Commission at which the process could be halted in the manner suggested by Ryanair.

  • Floe Telecom Ltd v Office of Communications
    • Court of Appeal (Civil Division)
    • 15 June 2006

    The Tribunal cannot know what are the competing demands on the resources of the particular regulator at the given time. It may well be that it cannot properly be told of this by the regulator because of issues of confidentiality as to current investigations. It cannot, therefore, form any proper view as to the relative priority of one case as compared with others.

  • British Telecommunications Plc v Telefónica O2 UK Ltd and Others
    • Supreme Court
    • 09 July 2014

    It was, moreover, an economic judgment by an expert tribunal which had received a substantial amount of additional evidence, including economic evidence. Since appeal lay to the Court of Appeal only on points of law, the CAT's findings on the distortion of competition liable to result from the rejection of the new charging structure were not open to rejection on appeal.

  • Gallaher Group Ltd and Another and Another v Competition and Markets Authority
    • Court of Appeal (Civil Division)
    • 15 July 2016

    But the real focus must be on the question whether the 2012 Decision was objectively justified. That is when the OFT decided that it would act on the 2008 Decision in relation to TMR and honour the assurances that it had mistakenly given at that time, and to treat the appellants differently. The result was that it agreed with TMR to repay the whole of its penalty plus a contribution of £250,000 in relation to costs and interest.

  • Gallaher Group Ltd and Others, R v The Competition and Markets Authority
    • Supreme Court
    • 16 May 2018

    In summary, procedural unfairness is well-established and well-understood. “whether there has been unfairness on the part of the authority having regard to all the circumstances” Nor is it made so by the addition of terms such as “conspicuous” or “abuse of power”. Such language adds nothing to the ordinary principles of judicial review, notably in the present context irrationality and legitimate expectation. It is by reference to those principles that cases such as the present must be judged.

  • British Telecommunications Plc v The Office of Communications
    • Court of Appeal (Civil Division)
    • 14 November 2018

    But in each case, the police or the regulators were acting solely in pursuit of their public duty and in the public interest in “carrying out regulatory functions”. The question was whether there were specific circumstances of the costs regime in the particular kind of appeal before the CAT that made inapplicable the principles enunciated by the Court of Appeal as to the correct starting point in an application for costs against a regulator acting reasonably and in good faith.

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Legislation
  • Enterprise and Regulatory Reform Act 2013
    • UK Non-devolved
    • January 01, 2013
    ... ... to make provision about the UK Green Investment Bank; to make provision about employment law; to establish and make provision about the Competition and Markets Authority and to abolish the Competition Commission and the Office of Fair Trading; to amend the Competition Act 1998 and the Enterprise ... ...
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... half of whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law;“call for competition” means a call for competition made in a manner required or permitted by regulation 26(8) to (9) or, where relevant, one of the notices referred to ... ...
  • The Competition (Amendment etc.) (EU Exit) Regulations 2019
    • UK Non-devolved
    • January 01, 2019
  • The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012
    • UK Non-devolved
    • January 01, 2012
    ... ... 1995/1948.7 1989 c.29.8 Section 43(3) was amended by the Competition Act 1998, section 54(2) and Schedule 10, paragraph 4(5) , and S.I. 2004/1261.9 1991 c.56.ActProvisionExisting textSubstituted textWater Industry Act ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Acknowledgment of service (Part 8)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... Act 1986. Please insert the name of any relevant company in the box below.) ... has not committed a breach of competition law within the meaning of section 9A(4) of the Company ... Directors Disqualification Act 1986 ... The court office at ... is open between 10 am and ... ...
  • 201)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Appeal Civil Division forms including form N244 to apply for a court order.
    ... ... First Tier Tribunal there is no right of appeal to the Court of Appeal.); ... • the Employment Appeal Tribunal; ... • the Competition Appeal Tribunal ... The Upper Tribunal is the appeal tribunal where the decision appealed is made by the First ... Tier Tribunal ... The Employment ... ...
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