Adducing Fresh Expert Evidence in Section 179 Review Proceedings in the CAT

Abstract

When applying to the Competition Appeal Tribunal ('CAT'), under section 179 of the Enterprise Act 2002, for review of a decision, applicants may wish to use fresh expert evidence in advancing their case. A recent ruling of the CAT addressed such an attempt to adduce expert evidence in section 179 proceedings and consolidated the CAT's approach to such applications.In this article, how the CAT has applied the restrictive conventional judicial review approach to the use of expert evidence is considered. Particularly close attention is given to the reasoning justifying such a stricture and its operation in the CAT context. It is suggested that it may prove almost impossible to adduce fresh expert evidence in section 179 proceedings.