CMA wins legal challenge against CAT on home search warrants
The CMA has won an important legal challenge in the High Court after the CAT refused to grant it a domestic search warrant as part of a cartel investigation.
- CMA wins on all 3 grounds of judicial review
- High Court says CAT 바카라 사이트渆rred in law바카라 사이트� when it refused to grant the CMA a warrant to enter a domestic property, and 바카라 사이트渆xceeded its powers바카라 사이트� in other respects
- CMA CEO: 바카라 사이트淲ith the increase of remote-working 바카라 사이트� and electronic communication 바카라 사이트� it바카라 사이트檚 essential that we바카라 사이트檙e able to search domestic premises to secure evidence of potential breaches of competition law where appropriate to do so바카라 사이트�
The High Court has today found comprehensively in favour of the Competition and Markets Authority (CMA) 바카라 사이트� on all 3 of its grounds 바카라 사이트� after the CMA sought judicial review of certain decisions made by the Competition Appeal Tribunal (CAT) relating to search warrants. 聽
In October 2023, the CMA applied for warrants to search business and domestic premises as part of its investigation into suspected anti-competitive conduct regarding the supply of chemical admixtures for use in the construction industry. The CMA conducted raids to gather evidence as part of its investigation.
While the CAT granted warrants authorising the CMA to search 3 business premises in England and Scotland, it refused the warrant regarding the domestic property. The CAT said it was necessary for the CMA to identify specific evidence demonstrating that an occupier of the property had a 바카라 사이트減ropensity바카라 사이트� to destroy physical or electronic documents held on their property 바카라 사이트� as their suspected involvement in a secret cartel was not enough.
The CMA was concerned that the CAT바카라 사이트檚 decision would damage its ability to gather the necessary evidence to effectively investigate and enforce against secret cartels, particularly given the CAT바카라 사이트檚 indication that the warrants judgment was a guideline case to be followed in the future. As such, the CMA applied to the High Court for judicial review in December 2023.
The High Court agreed with the CMA that the CAT had made an error in its application of the law 바카라 사이트� namely, that it was incorrect to state that specific evidence of a 바카라 사이트減ropensity바카라 사이트� to destroy electronic or physical documents was always required for a domestic search warrant, and that the CAT바카라 사이트檚 judgment should not therefore be followed in future cases.
Sarah Cardell, Chief Executive of the CMA, said:
We welcome this important ruling from the High Court, which found comprehensively in our favour on all 3 grounds. 聽
The original judgment by the Competition Appeal Tribunal risked seriously undermining our ability to enforce effectively against illegal cartels.
With the increase in remote-working 바카라 사이트� and electronic communication 바카라 사이트� it바카라 사이트檚 essential that we are able to search domestic premises to secure evidence of potential breaches of competition law where appropriate to do so.
For more information, see the CMA바카라 사이트檚 case page: Suspected anti-competitive conduct in relation to the supply of chemicals for use in the construction industry.
Notes to editors
- 罢丑别听judgment of the High Court is available to read on the CMA바카라 사이트檚 case page.
- The CMA has the power under section 28 (in respect of business premises) and under section 28A (in respect of domestic premises) of the Competition Act 1998 to seek search warrants from the High Court in England and Wales, the Court of Session in Scotland, the High Court of Justice in Northern Ireland or alternatively the CAT, in support of its investigations under section 25 of the Competition Act 1998. The test under both section 28 and 28A provides that the relevant court or the CAT (as applicable) may grant a search warrant if it is satisfied that there are reasonable grounds to suspect that there are documents on the premises which the CMA could require the production of by notice (under section 26 of the Competition Act 1998) but 바카라 사이트渋f the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed바카라 사이트�.
- The decisions of the CAT that were challenged by the CMA related to the 3 following judgments / orders of the CAT: , , and .
- Anyone who has information about a cartel is encouraged to call the CMA cartels hotline on 020 3738 6888 or email cartelshotline@cma.gov.uk.
- For media enquiries, contact the CMA press office on 020 3738 6460 or聽press@cma.gov.uk.