Competition and Markets Authority v Concordia International Rx (UK) Ltd

Subject Matter

COMPETITION — Investigatory powers — Warrant — Competition and Markets Authority applying for search and seizure warrant — Proper approach to authority’s ex parte application — Treatment of material protected by public interest immunity — Nature of inter partes hearing to determine whether warrant to be varied or discharged — Whether permissible for material excluded on grounds of public interest immunity to be considered by judge — Competition Act 1998 (c 41), s 28(1) (as amended by Enterprise and Regulatory Reform Act 2013 (c 24), ss 26, 41, Sch 5, para 8(2) and Sch 13, para 2(2), and Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (SI 2004/1261), r 4, Sch 1, para 13(2)(a)(b)) — CPR Practice Direction – Application for a warrant under the Competition Act 1998

[2017] EWHC 2911 (Ch); [2018] Bus LR 367; [2017] WLR (D) 772, Ch D

COMPETITION — Investigatory powers — Warrant — Competition and Markets Authority applying without notice for warrant to search business premises — Court granting warrant in reliance on evidence subject to public interest immunity — Subject of warrant applying to vary or discharge warrant — Treatment of material claimed to be protected by public interest immunity — Stage at which court to adjudicate on claims — Whether in determining challenge to warrant court to consider protected material — Whether to be disclosed to confidentiality ring — Competition Act 1998 (c 41), s 28(1) (as amended by Enterprise and Regulatory Reform Act 2013 (c 24), ss 26, 41, Sch 5, para 8(2) and Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (SI 2004/1261), r 4, Sch 1, para 13)

[2018] EWCA Civ 1881; [2018] Bus LR 2452; [2019] 1 All ER 699; [2018] WLR (D) 516, CA

Appellate History