Judgment on UniChem’s application for costs following its successful application to set aside the OFT’s decision not to refer a merger to the Competition Commission: [2005] CAT 8. The Tribunal ruled that UniChem should recover some of its costs; however, as it had succeeded before the Tribunal only on limited grounds, it was appropriate that UniChem should recover half of its costs reasonably and proportionately incurred. In addition, the Tribunal sought further information from UniChem pertinent to issues of assessment of costs. Following a response to the further questions posed by the Tribunal the OFT and UniChem agreed the terms of a consent order disposing of outstanding costs issues.
