R v Monopolies and Mergers Commission ex parte South Yorkshire Transport Ltd [1993] 1 WLR 23 HL

• Plaintiff was a bus company that bought out some rivals. The Commission was entitled to hold an investigation into a company if, under the Fair Trading Act, the area concerned was a “substantial part of the United Kingdom”.

• The commission investigated Plaintiff, interpreting “substantial” to mean something “more than merely nominal”.

• HL held that this was a correct interpretation and therefore there were no grounds for judicial review. 

Lord Mustill

• Unclear judgment (B,M&E):

  • At one point he suggests that if the commission got the meaning broadly right then the courts wouldn’t interfere, suggesting that jurisdiction isn’t hard-edged.

  • He seemed to say that the court could only overturn the interpretation of the commission if it was not one of a range of acceptable interpretations. 

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• R v Hillingdon LBC, ex parte Pulhofer