| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 26 (May) |
| Neutral Citation: | [2004] CAT 6 |
| Court: | Competition Appeal Tribunal |
| Judge: | Sir Christopher Bellamy (President), Mr P Clayton and Mr A Scott |
| Representation | Nicholas Green QC and Aidan Robertson (instructed by Macfarlanes) for the IBA. |
| Jonathan Crow and Daniel Beard (instructed by the Director of Legal Services) for the Office of Fair Trading. | |
| David Anderson QC and Kelyn Bacon (instructed by Ashurst) for iSplc. | |
| Theo Savvides of Osborne Clark for Tplc. | |
| Judgment Dates: | 28 April 2004 |
Catchwords
Competition - Competition Appeal Tribunal - Costs - Tribunal's approach - Exercise of discretion - Competition Appeal Tribunal Rules 2003, r 55, .
The Case
There was no presumption under r55 of the Competition Appeal Tribunal Rules 2003, , that costs should necessarily be borne by the losing party. In particular, in the case of applications under s33 of the such a rule would run the serious risk of frustrating the objectives of the Act by deterring potential applicants who might be very much smaller than the parties to the merger.
Practice Areas
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