CMA wins legal challenge against CAT on home search warrants

Summary:

The Competition and Markets Authority (CMA) has won a judicial review case against the Competition Appeal Tribunal (CAT) in the High Court. The CMA was seeking to overturn the CAT's refusal to grant a warrant to search a domestic property as part of an investigation into suspected anti-competitive conduct in the construction industry. The High Court ruled in favor of the CMA on all three grounds, finding that the CAT had erred in law and exceeded its powers. The court held that the CAT's decision that the CMA must identify specific evidence of a propensity to destroy documents before a domestic search warrant can be granted was incorrect. This ruling ensures that the CMA can continue to carry out effective investigations and enforce against secret cartels, particularly in light of the increased use of remote-working and electronic communication.