“…present case indicated as much at various points in the Judgment. This point was also made by the Tribunal in Albion Waterv Water Services Regulation Authority [2008] CAT 31 at paragraph [72]. Because the Tribunal has a full merits jurisdiction and can hear fresh evidence there could of course arise circumstances where the Tribunal…”
“…n deciding how to meet that burden. An undertaking can present evidence or arguments in its defence which it says undermines the CMA’s case. In Albion Water II [2008] CAT 31, the CAT said at [72] that it would “whilst still carrying out an assessment of the merits of the case, give due weight to a finding which is arrived at by an …”