Can the Competition Markets Authority (CMA) compel overseas companies to give it information?
This was the question at the centre of the recent case of Competition and Markets Authority v Rex on the application of Volkswagen Aktiengesellschaft.
Here, the Court of Appeal allowed the CMA’s appeal against a decision that had denied it the ability to compel responses to information requests from firms with no territorial connection to the UK, despite having UK-incorporated subsidiaries.
In this article for the New Law Journal, Philip Gardner and Abbie Melvin review the case and related case law, noting that given the implications of the case, observers will be waiting to see whether the case goes to the Supreme Court.
Please note that the article requires a subscription.