||All England Reporter
|| All ER (D) 116 (Sep)
|| CAT 21
||Competition Appeal Tribunal
Sir Christopher Bellamy (President), Mr M Davey and Mr R Prosser
||Paul Lasok QC, George Peretz and Jorren Knibbe (instructed by DLA Piper) for the applicants.
||Ben Rayment (instructed by the Treasury Solicitor) for the respondent.
||19 September 2006
Competition - Merger - Substantial lessening of competition - Merger of companies without pre-notification - Referral of merger - Directions including appointment of hold separate manager - Reasonableness of respondent's decision - , s 81.
In the instant case, where the second and third applicant companies had merged without pre-notification to the Office of Fair Trading and where OFT had referred the merger to the respondent commission, the respondents directions that a hold separate manager (HSM) should be appointed to perform functions in relation to the merged companies, pursuant to s81 of the was not unreasonable in all the circumstances of the case as s81 of the Act gave the respondent wide powers for the purpose of preventing pre-emptive action, including the appointment of a person to conduct or supervise the conduct of any activities, including a HSM
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