Competition and Markets Authority v Various Unnamed Defendants

Competition and Markets Authority v Various Unnamed Defendants

The statutory conditions for issuing section 28 search warrants were satisfied on the evidence; there were reasonable grounds for suspecting the existence of relevant documents and a risk of their concealment or destruction if notice was given. The CMA fulfilled its duty of full and frank disclosure. Warrants were therefore granted.

Parties
Claimant: Competition and Markets Authority; Defendant: Various Unnamed Defendants
Jurisdiction
England and Wales
Judgment Date
08 March 2019
Procedural Posture
Application for Search Warrants Under Competition Act 1998 / Ex Parte Hearing and Ruling
Outcome
application granted
Legal Topics
Search Warrants, Cartel Investigations, Section 28 Competition Act 1998, Civil Enforcement

Case Brief

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Parties

Competition and Markets Authority

Claimant

Various Unnamed Defendants

Defendant

Procedural Posture

Application for Search Warrants Under Competition Act 1998 / Ex Parte Hearing and Ruling

  1. 1 Whether the statutory conditions for issuing section 28 Competition Act 1998 search warrants are satisfied

Ratio Decidendi

The statutory conditions for issuing section 28 search warrants were satisfied on the evidence; there were reasonable grounds for suspecting the existence of relevant documents and a risk of their concealment or destruction if notice was given. The CMA fulfilled its duty of full and frank disclosure. Warrants were therefore granted.

Court Disposition

application granted

Orders

  • Section 28 Competition Act 1998 search warrants granted for six business premises as sought by the CMA