Akzo Nobel NV V Competition Commission [2013] CAT 13, [2013] All ER (D) 227 (Jun)
The relevant principles to take from BAA Ltd v Competition Commission [2013] CAT 3 were: (i) the Commission should take reasonable steps to acquaint itself with the relevant information to enable it to answer each statutory question posed for it and the “extent to which it is necessary to carry out investigations to achieve this objective will require evaluative assessments to be made by the [Commission], as to which it has a wide margin of appreciation as it does in relation to other assessments to be made by it”. The tribunal in BAA had also accepted that in judging the steps taken by the Commission to put itself in a position to answer the statutory questions, it was a rationality test that should be applied; (b) to decide whether the Commission had a sufficient basis for its conclusions, that rationality test should be applied in light of the totality of evidence available; (c) the intrusiveness of the remedy imposed by the Commission might necessitate an adjustment to the ordinary rationality standard but did
