Jurisdiction(s):
United Kingdom

UK competition update: High Court backs CMA on domestic search warrants; CMA consults on Public Transport Ticketing Schemes block exemption; CAT rejects Sports Direct appeal over Newcastle kit injunction

Published on: 22 April 2024

Published by a LexisNexis Competition expert

Legal News

Article summary

Antitrust High Court upholds CMA’s judicial review against CAT’s ruling on search warrants at domestic premises; High Court confirms the CMA’s right to raid domestic premises

In R (CMA) v CAT, the High Court delivered judgment on the CMA’s application for judicial review of the CAT’s 12 October 2023 decision, which had refused to issue a warrant authorising entry and search of domestic premises for the purposes of an investigation under section 25 of the Competition Act 1998 (the CAT’s 2023 ruling). For background, that 2023 decision did, however, grant three warrants to search business premises in relation to an investigation into suspected anti‑competitive conduct in the supply of construction chemical admixtures. The CAT held that the mere existence of a suspected clandestine cartel was enough to infer a likelihood of document destruction at business locations, whereas, for residential premises, further evidence demonstrating a propensity to destroy materials was required. It also held that its decision ought to operate as a guideline ruling, and required the CMA to identify any public interest immunity documents prior to serving any warrant and to provide all other information to the recipients of the warrants. Those conclusions were intended to guide future applications and warrant...

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