15/12/2009 - Refusal by Competition Commission to disclose full working papers can be judicially reviewed

Sports Direct International plc v Competition Commission [2009] CAT 32

The Competition Appeal Tribunal has held that it can review, in an appeal under section 120 of the Enterprise Act 2002, a decision by the Competition Commission not to send unredacted copies of its working papers for comment.  Sports Direct (whose acquisition of stores from JJB Sports is the subject of a merger investigation) applied to the Tribunal to review the Commission's decision because it could not meaningfully comment at its oral hearing on working papers that had had key parts heavily redacted.  The Tribunal rejected the Competition Commission's argument that a decision relating to working papers which was an interim stage in its procedures could not be appealed because it was "premature".  The Tribunal held that there was the potential for a real injustice in the Competition Commission withholding information because of the needs of another investigation, and that the Tribunal can review a decision before provisional findings have been issued if it would be unfair to allow the procedure to proceed.  The Competition Commission has withdrawn its decision in the light of the Tribunal's judgment.