Clifford Chance

Competition Appeal Tribunal rules that the Competition and Markets Authority cannot compel foreign parent companies with no UK connection to respond to information requests

18 May 2023

Following appeals from BMW and Volkswagen, the Competition Appeal Tribunal (CAT) considered the Competition and Markets Authority's (CMA) ability to compel legal persons, without a UK territorial connection, to comply with information requests issued under its statutory information gathering powers. This article explores the CAT's judgment in this case and the potential implications of its finding that the CMA cannot compel such foreign entities. The CMA is seeking to appeal this judgment.

This article was first published by Thomson Reuters, trading as Sweet & Maxwell, 5 Canada Square, Canary Wharf, London, E14 5AQ, in European Competition Law Review as " Competition Appeal Tribunal rules that the Competition and Markets Authority cannot compel foreign parent companies with no UK connection to respond to information requests" (2023) 44 E.C.L.R., Issue 5, N120-N122, and is reproduced by agreement with the publishers.

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