Court of Appeal and Supreme Court

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This Overview guides practitioners to core materials on appellate practice and case law from the Court of Appeal and Supreme Court in competition matters. These courts shape the interpretation of the Competition Act 1998 and Enterprise Act 2002, oversee appeals from the Competition Appeal Tribunal (CAT), and set binding appellate principles on procedure.

Key issues include routes of appeal, the distinction between points of law and fact, and the standard of review. Appeals from the CAT are confined to points of law, with deference to fact - finding, while merger and market decisions are reviewed on judicial review grounds at first instance in the CAT. The courts’ guidance on penalty assessment, attribution and parental liability, evidence, disclosure and confidentiality, and interim relief is central to enforcement practice by the Competition and Markets Authority and concurrent regulators.

Appellate authority governs private enforcement. The Supreme Court’s approach to certification in collective proceedings (Merricks v Mastercard) and to litigation funding (R (PACCAR) v Competition Appeal Tribunal) has affected funding. Following EU exit, section 60A of the 1998 Act and the European Union (Withdrawal) Act 2018 frame how retained EU...

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