Parallel competition challenge struck out as statutory appeal remains

T.W. Metals’ judicial-review challenge to a Fair Trading Commission decision was struck out on 18 September. The company had also brought a statutory appeal against the competition finding, creating two routes addressing substantially overlapping issues.

The Supreme Court set aside the earlier permission for judicial review. It found the statutory appeal adequate and no exceptional circumstances justifying parallel proceedings, which risked inconsistent findings. The ruling did not hold that an alternative remedy invariably excludes judicial review; the court treated the question as discretionary.

The judge expressly declined to find that the company or its attorneys had acted improperly. Commencing both routes had been understandable amid urgency and uncertainty, but maintaining both was not justified. Costs were reserved for further submissions. The ruling did not determine whether the FTC’s substantive finding of abuse of dominance was correct.

Full judgment reviewed. This was a procedural route decision; the result of the statutory appeal and any later costs order were not checked.