Fast track standalone action settled

The Competition Appeal Tribunal has consented to the settlement of proceedings brought by NCRQ Limited against the Institution of Occupational Safety and Health (IOSH), under section 47A of the Competition Act 1998.

NCRQ alleged that IOSH had abused its dominant position by refusing to accredit NCRQ's qualification of an applied health and safety diploma.  NCRQ also applied for injunctive relief and for the case to be considered under the new fast track procedure for competition damages claims.  The parties agreed to settle the proceedings, including the application for injunctive relief on condition that IOSH will grant accreditation to NCRQ’s diploma for a period of three years.

This was the first standalone competition damages claim brought before the CAT under section 47A of the Competition Act 1998 as amended by the Consumer Rights Act 2015; the first application to use the new fast track procedure and the first time that the CAT had been requested to use its new powers to grant injunctions under section 47D of the Competition Act 1998.  Although the CAT did not get an opportunity to use its untested powers in this case, the early settlement is an indication of the use of proceedings to resolve disputes in competition cases.  It may be that we are to see similar tactical uses of litigation in competition cases before the CAT uses its new powers in full.

NCRQ Limited v Institution of Occupational Safety and Health, CAT Order (Settlement), 11 January 2016