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Challenge to competition authority’s decision struck out for not following judicial review procedure
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The High Court granted the defendant's application to strike out paragraphs of the plaintiff's claim that challenged a competition authority's decision to assist another Member State’s authority in a corporate investigation. The court determined that the statutory scheme only permitted such challenges by way of judicial review, and not by plenary action, emphasising the importance of finality and compliance with prescribed procedures. As the plaintiffs did not follow the correct procedure, their challenge could not proceed in the form presented. The court also refused to allow allegations of wrongdoing by the foreign authority, as it was not a party to the proceedings.
strike out application – challenge to competition authority decision – judicial review – Rules of the Superior Courts (RSC) – Competition Act 2002 – plenary summons – relief sought: order of certiorari – assistance to foreign competition authority – statutory procedural requirements – public law duties – quashing warrant – limitation periods – finality in litigation – collateral attack – Order 24 – Rule 28 RSC
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