AXA PPP Healthcare Ltd v Competition and Markets Authority

Competition – Rules on competition. The Competition Appeal Tribunal (the tribunal) rejected the challenge by AXA PPP Healthcare Ltd to parts of a report by the Competition and Markets Authority (CMA) regarding the CMA's finding that the formation and operation of anaesthetist groups did not give rise to an adverse effect on competition for the purposes of s 134(1) of the Enterprise Act 2002. The tribunal decided, amongst other things, that the CMA had addressed the question it had been obliged to determine under that provision, namely whether it could positively find that an AEC had existed. It had said that, on the material before it, it had not found that to be the case: an answer it had been lawfully entitled to give.

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