Ruling (Application arising out of disclosure)

Neutral citation:

[2011] CAT 42


16 Dec 2011



Ruling of the Chairman on the Defendant’s application to direct that no disclosure is required in respect of the allegations made in certain passages of the Amended Particulars of Claim.

The Chairman concluded that the just and expeditious conduct of the claim would best be achieved if the Defendant disclose any documents created before 7 November 2008 in which there was discussion about the formulation of the First Access Price or as to the possible revision of the access price to be offered to the Claimant. Disclosure was not required (other than of documents already disclosed in the Defendant’s disclosure statement) in relation to matters alleged in certain paragraphs of the Amended Particulars. In addition to making directions to give effect to the Ruling, the Chairman reset the timetable for the future conduct of the claim.

This is an unofficial summary prepared by the Registry of the Competition Appeal Tribunal.