Interbrew SA & Anor v Competition Commission & Anor [2001] EWHC Admin 367 (23rd May, 2001)

Interbrew SA & Anor v Competition Commission & Anor [2001] EWHC Admin 367 (23rd May, 2001)

The Competition Commission's reasoning for rejecting the divestment of Whitbread with Stella Artois as an effective remedy was cogent and justified. The Commission was entitled to conclude that only divestment of Bass Brewers would restore effective competition, and the remedy was strictly necessary and proportionate. The procedure adopted was fair, as Interbrew had sufficient opportunity to address the relevant issues. The application for judicial review is dismissed.

Citation
[2001] EWHC Admin 367
Parties
Claimant: Interbrew S.A.; Claimant: Interbrew UK Holdings Ltd; Respondent: The Competition Commission; Respondent: The Secretary of State for Trade and Industry
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Merger Control, Proportionality, Judicial Review of Administrative Action, Remedies in Competition Law, Procedural Fairness, Article 1 Protocol 1 ECHR
Competition Law Administrative Law European Law Human Rights Merger Control Proportionality Judicial Review of Administrative Action Remedies in Competition Law +2 more

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Parties

Interbrew S.A.

Claimant

Interbrew UK Holdings Ltd

Claimant

The Competition Commission

Respondent

The Secretary of State for Trade and Industry

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Competition Commission's recommendation to require Interbrew to divest the UK business of Bass Brewers was lawful and proportionate
  2. 2 Whether the Commission's reasoning for rejecting alternative remedies was cogent and justified
  3. 3 Whether the procedure adopted by the Commission was fair

Ratio Decidendi

The Competition Commission's reasoning for rejecting the divestment of Whitbread with Stella Artois as an effective remedy was cogent and justified. The Commission was entitled to conclude that only divestment of Bass Brewers would restore effective competition, and the remedy was strictly necessary and proportionate. The procedure adopted was fair, as Interbrew had sufficient opportunity to address the relevant issues. The application for judicial review is dismissed.

Court Disposition

Application dismissed

Orders

  • Judicial review refused
  • No order for relief against the Competition Commission or Secretary of State