This ruling considered, for the purposes of a review of a merger decision pursuant to section 120 of the Enterprise Act 2002, the confidentiality in proceedings before the Tribunal, of an application by the appellant to the OFT for confidential guidance. The Tribunal ruled that these difficult matters should be approached on a case-by-case basis but that it was appropriate, in this case, to make an order that the application for confidential guidance and the guidance eventually given to the appellant be disclosed to the Intervener.
