BMI Health Care v Competition Commission

21 Oct 2013

In BMI Healthcare Limited & Ors v Competition Commission [2013] CAT 24, the Competition Appeal Tribunal (“the Tribunal”) considered rules relating to the access to and use of data rooms in the context of a market investigation. More particularly, the Tribunal had to consider whether the rules adopted by the CC struck an appropriate balance between the right of an interested party to see and respond to information held in the data room on the one hand, and the interest in maintaining confidence in that information on the other. The decision is important as it provides some guidance on how this balance might be struck. However, the extent to which that guidance can extend much beyond the particular facts of this case remains to be seen.