LIST OF CASES / IBA Healthcare Ltd v. Office of Fair Trading and ors CA 2004

[2004] EWCA Civ 142, reported at [2004], ICR 1364, CA

NOTES

Office of Fair Trading and ors v IBA Healthcare Ltd [2004] EWCA Civ 142 on 19th February 2004, reported at [2004] ICR (Sir Andrew Morritt V-C, Mance and Carnwath LJJ.).

The full text judgment in this case is available free of charge on the BAILII website

Representation:

Mr. Peter Roth QC and Mr. Daniel Beard instructed by the Director of Legal Services, Office of Fair Trading for the Office of Fair Trading, the 1st Appellant

Mr. David Anderson QC and Ms Kelyn Bacon instructed by Messrs Ashurst for the iSoft Group PLC and Torex PLC the 2nd and 3rd Appellants

Mr. Nicholas Green QC and Mr. Aidan Robertson instructed by Messrs Macfarlanes for the IBA Health Ltd, the Respondent.

An example of a case in which:

what constitutes a "relevant merger situation" which is "expected to result in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services" as provided by Enterprise Act 2002 s.33(1) was examined. This section deals with the circumstances in which the Office of Fair Trading is required to make a reference to the Competition Commission in relation to anticipated mergers if UK turnover of the target company being taken over exceeds £70 million (Enterprise Act 2002 s.23).

Although this case is reported in the ICR series it has no direct relevance to employment law. As an ICR reported case it is summarised here but it is not referred to elsewhere in the emplaw programme.

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prepared April 2008