The Competition Appeal Tribunal (“CAT”) has handed down an important judgment about market investigations.
In October 2021, the Competition and Markets Authority (“CMA”) began a market investigation into the supply of radio network services to the British emergency services. Motorola is the monopoly provider of those services. Although its decision to begin a market investigation was preliminary, the CMA identified that its final remedies could include price controls, open book accounting or divestiture. Motorola applied for judicial review of the CMA’s decision to launch a market investigation.
In a unanimous judgment, the CAT (chaired by Sir Marcus Smith) rejected Motorola’s application and gave guidance about the standard of evidence required before a market investigation can be launched.
Ben Lewy was instructed (with Josh Holmes QC and Naina Patel) by the CMA. You can view the full Judgment here.