Can the CMA compel overseas companies to provide information? Philip Gardner & Abbie Melvin explore the recent case law
- Covers case law on the Competition and Markets Authority’s powers to compel information from overseas companies under s 26, Competition Act 1998.
- The Court of Appeal recently held the CMA has authority to compel responses from companies with no territorial connection to the UK.
- Competition lawyers are waiting to hear if the case will be appealed to the Supreme Court.
In January, the Court of Appeal allowed the Competition and Markets Authority’s (CMA’s) appeal against a decision that had denied it the ability to compel, by way of notice under s 26 of the Competition Act 1998 (CA 1998, ‘the Act’), responses to information requests from companies with no territorial connection to the UK, despite having UK-incorporated subsidiaries, in Competition and Markets Authority v Rex on the application of Volkswagen Aktiengesellschaft [2024] EWCA Civ 1506.
Given the apparent similarities to the decision in R (on the application of KBR, Inc) v Director of the Serious Fraud Office [2021]
