UK CAT JR in Mergers and Market Investigations:

This note discusses recent appeals to the Competition Appeal Tribunal (the “CAT“) under ss. 120 and 179 of the Enterprise Act (the “Act“) against decisions of the Office of Fair Trading (the “OFT“) , the Competition Commission (the “CC“) and the Secretary of State (the “S/S“) on mergers and market investigations.  In both types of case, the CAT applies the same principles as would be applied by a court on an application for judicial review.