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04 July 2013
Issue: 7567 / Categories: Case law , Law digest , In Court
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Competition

Akzo Nobel NV V Competition Commission [2013] CAT 13, [2013] All ER (D) 227 (Jun)

The relevant principles to take from BAA Ltd v Competition Commission [2013] CAT 3 were: (i) the Commission should take reasonable steps to acquaint itself with the relevant information to enable it to answer each statutory question posed for it and the “extent to which it is necessary to carry out investigations to achieve this objective will require evaluative assessments to be made by the [Commission], as to which it has a wide margin of appreciation as it does in relation to other assessments to be made by it”. The tribunal in BAA had also accepted that in judging the steps taken by the Commission to put itself in a position to answer the statutory questions, it was a rationality test that should be applied; (b) to decide whether the Commission had a sufficient basis for its conclusions, that rationality test should be applied in light of the totality of evidence available; (c) the intrusiveness of the remedy imposed by the Commission might

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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