“In deciding whether or not the recommendation of the Competition Commission that a proposed merger should be prevented as contrary to the public interest, the Competition Appeal Tribunal was not required to exercise a greater intensity of judicial review than would be applied on a normal judicial review application. S 120(4) of the Competition Act 1998 required the appeal tribunal to apply the same principles as would be applied by a court on an application for judicial review. It would fly in the face of the section’s words if the tribunal, as a hyper-competent specialised tribunal, were required to undertake a more intensive review.”
WLR Daily, 21st January 2010
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.