The 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 to vary or revoke the warrant must be at an inter partes rehearing. At that rehearing eh court must rely only upon evidence disclosed to the other side, save that the authority would have liberty to submit an affidavit setting out the gist of any material redacted on public interest immunity grounds before determination of the application.
Marcus Smith J: ‘(i) rejected a submission that, if the CMA was to be permitted to resist the challenge, it must disclose the full material;
(ii) considered that the Supreme Court’s judgment in Al Rawi precluded a ‘closed material procedure’, whereby the material withheld could be seen by the court, but not by Concordia;
(iii) rejected the CMA’s case that some form of confidentiality ring could be established, to allow disclosure to Concordia’s counsel, without disclosure to Concordia; and
(iv) in these circumstances held that ‘Concordia’s application to vary or partially revoke the warrant must be determined on the basis of such material as is not protected by public interest immunity’
Marcus Smith J
[2017] EWHC 2911 (Ch), [2018] Bus LR 367, [2017] WLR(D) 772
Bailii, WLRD
Competition Act 1998 281(1), Enterprise and Regulatory Reform Act 2013, Competition Act 1998 and Other Enactments (Amendment) Regulations 2004
England and Wales
Cited by:
Appeal fromThe 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, . .
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. . .
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 . .

These lists may be incomplete.
Updated: 07 April 2021; Ref: scu.599632