British Sky Broadcasting Group plc v The Competition Commission [2008] CAT 1 (09 January 2008)

British Sky Broadcasting Group plc v The Competition Commission [2008] CAT 1 (09 January 2008)

The combination of the structurally interlinked two-stage decision-making process, the case management benefits of a single application, and the consent of the main respondents constituted exceptional circumstances justifying an extension of time for applying for review under section 120 of the Enterprise Act 2002.

Citation
[2008] CAT 1
Parties
Potential Applicant: British Sky Broadcasting Group plc; Potential Respondent: The Competition Commission; Potential Respondent: The Secretary of State for Business, Enterprise and Regulatory Reform
Jurisdiction
United Kingdom
Judgment Date
09 January 2008
Procedural Posture
Application for Extension of Time to Apply for Review / Preliminary Order on Extension of Time
Outcome
application granted
Legal Topics
Merger Control, Judicial Review, Extension of Time, Public Interest Considerations
Competition Law Administrative Law Merger Control Judicial Review Extension of Time Public Interest Considerations

Case Brief

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Parties

British Sky Broadcasting Group plc

Potential Applicant

The Competition Commission

Potential Respondent

The Secretary of State for Business, Enterprise and Regulatory Reform

Potential Respondent

Procedural Posture

Application for Extension of Time to Apply for Review / Preliminary Order on Extension of Time

Legal Issues

  1. 1 Whether exceptional circumstances exist to justify an extension of time for applying for review under section 120 of the Enterprise Act 2002 in relation to the Competition Commission's report.

Ratio Decidendi

The combination of the structurally interlinked two-stage decision-making process, the case management benefits of a single application, and the consent of the main respondents constituted exceptional circumstances justifying an extension of time for applying for review under section 120 of the Enterprise Act 2002.

Court Disposition

application granted

Orders

  • The time within which any application may be made by British Sky Broadcasting Group plc or any other person aggrieved pursuant to section 120 of the Enterprise Act 2002 in relation to the Competition Commission’s report of 14 December 2007 is extended so as to be coterminous with the expiry of the time for making...