Down the rabbit-hole: costs, the Comms Act and the Competition Commission – Competition Bulletin from Blackstone Chambers

Posted November 27th, 2012 in competition, costs, news, tribunals by sally

“Where an appeal to the Tribunal under section 192 of the Communications Act 2003 gives rise to specified ‘price control matters’, the CAT must hive them off for determination by the Competition Commission: see section 193(1) and SI 2004/2068. The CAT is then bound by section 193(6) to follow the Commission’s determination, except ‘to the extent that the Tribunal decides, applying the principles applicable on an application for judicial review, that the determination of the Competition Commission is a determination that would fall to be set aside on such an application’: section 193(7).”

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Competition Bulletin from Blackstone Chambers, 27th November 2012