Ruling of the Chairman on an application for disclosure by the OFT. The documents sought by the OFT were said to be relevant to the issue of whether Durkan Holdings exercised decisive influence over Durkan Pudelek Ltd at the time of the infringements which it was admitted were committed by Durkan Pudelek.
The Chairman considered that the presumption against allowing the OFT to rely on new evidence was rebutted in the circumstances. There would have been a significant lack of fairness and balance in the appeal process if Durkan Holdings was allowed to rely on certain board minutes, without the OFT having had an opportunity to see whether there was anything in the disputed board minutes that pointed in the opposite direction. The Chairman also considered that the OFT should be entitled to see the other documents sought.
