||All England Reporter
|| All ER (D) 167 (Sep)
|| CAT 16
||Competition Appeal Tribunal
Sir Christopher Bellamy (President), Mr P Clayton and Mr P Grant-Hutchison
||Nicholas Green QC (instructed by Ashurst) and Ben Tidswell and Euan Burrows of Ashurst for the applicants.
||Jon Turner and George Peretz (instructed by the Director of Legal Services, Office of Fair Trading) for the OFT.
||Lord Grabiner QC and James Goldsmith (instructed by Herbert Smith) for the intervenor.
||24 September 2004
Competition - Competition Appeal Tribunal - Appeal - Application for disclosure - Applicants seeking recovery and inspection of documents - Office of Fair Trading resisting application - Approach of tribunal - Competition Commission Appeal Tribunal Rules, SI 2000/261, r 17.
The general approach to discovery before the Competition Appeal Tribunal was that it was not automatic. It needed to be ordered by the tribunal, usually upon a request by a party to the proceedings, and the tribunal had to be satisfied that the disclosure sought was necessary, relevant and proportionate to determine the issues before it, particularly where the information concerned was commercially confidential and belonged to a direct competitor of the party seeking access to it. In the instant case, where the applicants did not need any further data to make out their case, and their request for recovery and inspection of the various documents sought was neither proportionate nor necessary, it would be refused.
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