Competition and Markets Authority v Apple Inc & Ors

Competition and Markets Authority v Apple Inc & Ors

The CMA's standalone power under section 131(1) of the Enterprise Act 2002 is not curtailed by the time limits or procedures in sections 131A and 131B following a prior decision not to make a MIR after a MSN. The Decision to make a MIR was intra vires and lawful, as the statutory language does not impose a permanent bar, and public law principles do not require such a restriction in the absence of irrationality or improper purpose.

Parties
Appellant: Competition and Markets Authority; Respondent: Apple Inc; Respondent: Apple Distribution International Ltd; Respondent: Apple Europe Ltd; Respondent: Apple (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Appeal From Competition Appeal Tribunal
Outcome
Appeal allowed
Legal Topics
Market Investigation Reference, Jurisdiction of Competition Authority, Statutory Interpretation, Public Law Constraints
Competition Law Administrative Law Market Investigation Reference Jurisdiction of Competition Authority Statutory Interpretation Public Law Constraints

Case Brief

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Parties

Competition and Markets Authority

Appellant

Apple Inc

Respondent

Apple Distribution International Ltd

Respondent

Apple Europe Ltd

Respondent

Apple (UK) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Competition Appeal Tribunal

Legal Issues

  1. 1 Whether the Competition and Markets Authority (CMA) had jurisdiction under the Enterprise Act 2002 to make a market investigation reference (MIR) after previously deciding not to do so without issuing a further market study notice (MSN)
  2. 2 Interpretation of sections 131, 131A, and 131B of the Enterprise Act 2002 regarding the CMA's powers and time limits
  3. 3 Whether public law principles constrain the CMA's exercise of the standalone power under section 131

Ratio Decidendi

The CMA's standalone power under section 131(1) of the Enterprise Act 2002 is not curtailed by the time limits or procedures in sections 131A and 131B following a prior decision not to make a MIR after a MSN. The Decision to make a MIR was intra vires and lawful, as the statutory language does not impose a permanent bar, and public law principles do not require such a restriction in the absence of irrationality or improper purpose.

Court Disposition

Appeal allowed

Orders

  • Order of the Competition Appeal Tribunal set aside