By Sarah McGibbon and Duncan Wild on 21 December 2013

In November the Constitutional Court will hear an application for leave to appeal against a costs order of the Competition Appeal Court (“CAC“) brought by the Competition Commission (“Commission“).

The Constitutional Court, in a unanimous decision written by Acting Deputy Chief Justice, Skweyiya, found that it was generally undesirable to hinder the good faith performance by the Commission of its functions with the threat of a costs order, and in the absence of reasons for the costs order imposed in this case, the costs order should be set aside. Continue reading →