Thee Competition And Markets Authority v Concordia International Rx (UK) Ltd [2019] EWHC 47 (Ch)
The High Court (Marcus Smith J) has today dismissed Concordia’s long running challenge to the warrant granted to the CMA in respect of Concordia’s premises in October 2017. The ruling concerns the first challenge to a warrant granted under the Competition Act 1998.
The decision is the subject of an open judgment in which the Judge rejected Concordia’s argument that the CMA had no reasonable basis for seeking a warrant at an advanced stage of investigations concerning Concordia. The judge reached the conclusion that the warrants were justified on the basis of the evidence which he had found was subject to public interest immunity (PII) and which Concordia had not seen.
The judgment is here. It is the latest in a series of judgments arising from the challenge which also include:
Mark Brealey QC acted for Concordia. Rob Williams acted for the CMA.