Competition and Markets Authority v Apple Inc

Subject Matter

COMPETITION — Competition Appeal Tribunal — Market investigations — Time limits applying if Competition and Market Authority proposing to make market investigation reference in relation to matter specified in market study notice — Consequences of authority’s failure to comply with time limits — Whether authority free to make stand-alone reference separate from market study — Enterprise Act 2002 (c 40), ss 131, 131A, 131B

[2023] CAT 21; [2023] Bus LR 841; [2023] WLR(D) 225, CAT

COMPETITION — Investigatory powers — Market investigations — Competition and Markets authority publishing market study notice but going on to decide not to make market investigation reference — Authority subsequently revisiting decision and deciding to exercise discretion to make standalone reference — Whether time limits applying because reference “in relation to the matter” that was specified in market study notice — Enterprise Act 2002 (c 40), ss 130A, 131(1), 131A, 131B

[2023] EWCA Civ 1445; [2024] Bus LR 289; [2023] WLR(D) 509, CA

Appellate History