CAT rules in CMA warrant application

 

The Competition Appeal Tribunal has granted the Competition and Markets Authority a warrant to enter and search business premises for the purposes of an investigation under section 25 of the Competition Act 1998.  The CAT refused to grant the warrant in relation to domestic premises.

This was the first time that the CMA made an ex parte and without notice for a UK-wide warrant.  The CAT also refused an application by the CMA that the judgment should not be published.

The CAT was satisfied that the CMA had reasonable grounds to suspect an infringement, for the purposes of section 25 of the Competition Act.

The CAT was further satisfied that there were reasonable grounds for suspecting that there were on the premises identified by the CMA documents falling within the CMA’s powers under section 26 of the Competition Act.

In relation to the business premises, the CAT was satisfied that that there was a risk that the documents would not be produced but would be concealed, removed, tampered with or destroyed, such that the requirements of section 28 of the Competition Act were met. However, in relation to the domestic premises of an individual, the CAT concluded that this was not the case. 

Cases: 1611/13/12/2023 (W), 1612/13/12/2023 (W), 1613/13/12/2023 (W) and 1614/13/12/2023 (W).

Competition and Markets Authority v Another (Judgment (Application for Warrants) [2023] CAT 62