Mantzari, D; (2019) Judicial Scrutiny of Regulatory Decisions at the UK’s Specialist Competition Appeal Tribunal. In: de Poorter, J and Hirsch Ballin, E and Lavrijssen, S, (eds.) Judicial Review of Administrative Discretion in the Administrative State. (pp. 63-80). T.M.C. Asser Press: The Hague, The Netherlands.

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Abstract

This chapter explores the determinants of judicial scrutiny of regulatory decisions at the UK’s specialist Competition Appeal Tribunal (CAT); a unique feature of the UK’s regulatory and competition law landscape. Unlike ordinary courts, the CAT’s bench combines legal and non-legal expertise in areas such as economics, business and accountancy. Despite its specialist nature, however, and contrary to what intuition would suggest, the CAT does not always afford a narrow margin of appreciation to the regulators’ discretionary assessments. Rather, as the chapter demonstrates, the CAT’s scrutiny of regulatory decisions is determined by a tripartite relationship between the expert regulators, the expert CAT and the generalist Court of Appeal. It is the interplay between the specialist/specialist relationship, which characterises judicial scrutiny of the regulators’ decisions by the CAT and the generalist/specialist relationship, which in turn characterises judicial scrutiny of the CAT’s assessments by the Court of Appeal that determines the degree of deference to the regulators’ discretionary assessments.

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