Taylor Wessing secures landmark judgment in the Competition Appeal Tribunal - CAT confirms power to impose timetable on regulators for reinvestigation of complaints

In a landmark judgment today, secured by Ted Mercer of Taylor Wessing, the Competition Appeal Tribunal confirmed that it has the power to set a timetable for competition authorities and regulators to re-investigate cases sent back to them, and the power to make other directions about the conduct of their investigation.

This judgment has implications for all cases in which the CAT sends a case back to the Office of Fair Trading, Ofcom or one of the other regulators for a proper investigation.  The authorities in such cases generally resist any attempt to impose a timetable on the re-investigation and Ofcom had argued that the conduct and timing for such investigations was a matter for it alone and that any delay or failure on its part could be tackled only by the cumbersome and limited judicial review process.  This is no longer the case as the judgment confirms that the CAT can continue to supervise the investigation, not only imposing a timetable, but potentially also giving other directions as to the conduct of the investigation. 

Floe Telecom, represented by Ted Mercer of Taylor Wessing, brought an appeal to the Competition Appeal Tribunal (CAT) last year when it went into administration following Ofcom's rejection of its complaint against Vodafone.  The CAT upheld Floe Telecom's appeal and in December ordered Ofcom to complete its investigation into the complaint by Floe Telecom against Vodafone within five months.  Ofcom disputed the order, arguing that the CAT had no power to set the timetable for its investigations.  The CAT today rejected Ofcom's arguments, not only confirming that it has the power to set a timetable for the further investigation of cases that it sends back to the competition authorities and regulators following a successful appeal, but also indicating that it can make other orders as to the steps that the authorities should take in their investigations.

Ted Mercer, Telecoms Partner at Taylor Wessing, commented:

"Ofcom has consistently failed to give Floe's complaint the priority that it deserves.  This judgment will force Ofcom not only to investigate the case properly, but also to do so within a reasonable time limit"