The Competition and Markets Authority (CMA) v Concordia International Rx (UK) Ltd: CA 7 Aug 2018

The Authority had obtained a search warrant on an ex parte application. The defendant sought a rehearing, but the Authority sought to rely upon material for which it now asserted public interest immunity in material already used. At first instance, the court said that the Authority could only use such material by way of a generalised summary. The Authority appealed.
Held: The appeal succeeded. It had been correct when making the ex parte application to use material which might later be subject to a PII application, without identifying it as such. On an inter partes application as to that warrant, application could made for a PII certificate, but the court should not get involved in the use of confidentiality rings.
King, Simon LJJ, Dame Elizabeth Gloster
[2018] EWCA Civ 1881, [2018] WLR(D) 516, [2018] Bus LR 2452
Bailii, wLRD
Competition Act 1998, Enterprise and Regulatory Reform Act 2013, Competition Act 1998 and Other Enactments (Amendment) Regulations 2004
England and Wales
Citing:
Appeal fromThe Competition and Markets Authority v Concordia International Rx (UK) Ltd ChD 16-Nov-2017
The Authority had obtained and executed a search warrant against the defendant’s premises, but now sought to restrain disclosure of the materials upon which it had obtained that warrant, asserting Public Interest Immunity.
Held: An application . .
CitedHaralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .

Cited by:
See AlsoThe Competition and Markets Authority v Concordia International Rx (UK) Ltd ChD 8-Nov-2018
Whether to appoint special advocate. The Authority wished to pursue an investigation relying upon material for which it asserted Public Interest Immunity. . .
See AlsoThe Competition and Markets Authority (CMA) v Concordia International Rx (UK) Ltd ChD 12-Dec-2018
Challenge to search warrants issued under the 1998 Act. . .
See AlsoThe Competition and Markets Authority v Concordia International Rx (UK) Ltd ChD 16-Jan-2019
Application to vary search warrant.
Held: Refused. . .

These lists may be incomplete.
Updated: 19 February 2021; Ref: scu.621036