||All England Reporter
|| All ER (D) 244 (Feb)
|| CAT 3
||Competition Appeal Tribunal
Sir Christopher Bellamy (President), Mr P Clayton and Mr P Grant-Hutchison
||Ben Tidswell of Ashurst for the applicants.
||Jon Turner and George Peretz (instructed by the Treasury Solicitor) for the OFT.
||David Farrer QC and James Flynn QC (instructed by Herbert Smith) for the interveners.
||17 February 2006
Competition - Competition Appeal Tribunal - Withdrawal of proceedings - Approach of tribunal to possible withdrawal of proceedings - Whether pressure brought to bear on applicants 'proper' - , Ch II.
The Competition Appeal Tribunal, in giving guidance as to the approach to be taken in relation to the withdrawal of proceedings before the tribunal, held, inter alia, that putting pressure on a litigant to compromise or withdraw pending proceedings might amount to contempt if improper, but not necessarily unlawful, pressure was used, or if the pressure in question was not fair, reasonable and moderate, provided that there was a real risk of prejudice to the proceedings. Any pressure brought to bear on a litigant to settle had to be reasonable and within appropriate and proper limits. Accordingly, in circumstances such as those in the instant case, the tribunal had to consider primarily whether the pressure in question had been 'proper', as pressure which was not 'proper' would not have been 'fair, reasonable and moderate' either.
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