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OFT Sees Merger Ruling Overturned

by Robin Pilgrim, LawAndTax-News.com, London

05 December 2003

The UK's Office of Fair Trading (OFT) on Wednesday had its approval of a merger between healthcare technology firms, iSoft and Torex overturned, the first time that such an event has taken place.

In a ruling issued following complaints that such an alliance could create a monopoly in certain niche markets within the healthcare technology sector, the Competition Appeal Tribunal, headed by Sir Christopher Bellamy, revealed that it did not believe that the OFT had "applied the right test, or...reached a conclusion that was reasonably open to them".

According to the Times Online, which reported on the overturning of the Office of Fair Trading's decision, Sir Christopher suggested that the merger plans should be studied by the Competition Commission, explaining that:

"We are not satisfied that the facts are sufficiently found in the decision or that all material considerations have been taken into account."

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