Judgment of the Tribunal in respect of the OFT’s application to recover its costs of successfully defending the application to review its decision not to refer the anticipated acquisition of Alliance UniChem Plc by Boots Plc to the Competition Commission.
The Tribunal held that, taking into account the circumstances of the case, in particular that key passages of the decision were unclear without the elucidation provided by the witness statement of the OFT’s Director of Mergers, the most appropriate course was for there to be no order for costs.