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.
Type: | Book chapter |
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Title: | Judicial Scrutiny of Regulatory Decisions at the UK’s Specialist Competition Appeal Tribunal |
ISBN: | 9462653070 |
ISBN-13: | 9789462653078 |
Open access status: | An open access version is available from UCL Discovery |
DOI: | 10.1007/978-94-6265-307-8 |
Publisher version: | https://doi.org/10.1007/978-94-6265-307-8 |
Language: | English |
Additional information: | This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions. |
Keywords: | Competition Appeal Tribunal; sector-specific regulation; judicial review; intensity of review; competition law; specialised tribunals. |
UCL classification: | UCL UCL > Provost and Vice Provost Offices UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
URI: | https://discovery.ucl.ac.uk/id/eprint/10077185 |
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