Ruling (Costs)

The Tribunal held that the parties should bear their own costs of the interim relief application since there was a lack of clarity with regard to some of the obligations that were imposed by the Competition Commission’s “hold separate” order and that it had not been, in the circumstances, an unreasonable step for the applicants to apply for interim relief. However the Tribunal ruled that the Competition Commission should be awarded its costs in relation to the main application under section 120 of the Enterprise Act 2002.