Judgment on an appeal in respect of a refusal by the Director General of Water Services to investigate the appellant’s complaint of an abuse of a dominant position
by Bristol Water Plc.
The Tribunal held that the appeal was inadmissible.
The Tribunal found that the Director had not made a decision to the effect that Bristol Water had, in the particular circumstances of the case, abstained from expressing a view, one way or the other, on the question of whether there had been an infringement of the Chapter II prohibition. Accordingly, there was no appealable decision under sections 46 and 47 of the Competition Act 1998.
The Tribunal also found that the appellant’s attempt to challenge the Director’s refusal to grant interim measures was inadmissible as it had not been included in the original notice of appeal.
