London WC1A 2EB
B e f o r e :
DR CATHERINE BELL CB
Sitting as a Tribunal in England and Wales
|(1) BALMORAL TANKS LIMITED|
|(2) BALMORAL GROUP HOLDINGS LIMITED||Appellants|
|- v -|
|COMPETITION AND MARKETS AUTHORITY||Respondent|
|- and -|
Crown Copyright ©
PERMISSION TO APPEAL
(1) It is alleged that the Tribunal erred in finding that there was no inconsistency between the CMA's approach to the civil and criminal proceedings.
(2) It is alleged that the Tribunal misunderstood Balmoral's arguments about the purpose of the June meeting and that we failed to pay proper regard to the evidence of Mr Snee and Mr Joyce on this point.
(3) It is alleged that the Tribunal imposed a different test for the existence of an exchange of information infringement than is stipulated by the EU case law, to the Appellants' disadvantage.
(4) It is alleged that the Tribunal erred in assessing the "object" of the infringement.
(5) It is alleged that the Tribunal erred in upholding the approach of the CMA in not imposing a fine on the other parties to the Information Exchange Cartel because of the fine that had been imposed on them for the main cartel infringement.
The Hon. Mrs Justice Rose
Charles Dhanowa O.B.E., Q.C. (Hon)
Date: 13 December 2017