On 3 September 2014, the Competition Tribunal (the
"Tribunal") published the reasons for
its decision to grant an exception application by Invensys plc,
Invensys Systems (UK) Ltd and Eurotherm Ltd (collectively,
"Invensys" or the "Invensys
Group") in respect of the self-referral of a
complaint by Protea Automation Solutions
("Protea"). The reasons restate a
position that is very well known by competition practitioners: the
Tribunal will, where possible, adopt a flexible approach to its
processes, giving primacy to its inquisitorial powers and favouring
considerations of fairness and flexibility over formalism.
The complaint has a long history; however, for present purposes,
only the salient facts bear brief mention. The Invensys Group
manages the international production, sales and distribution of
various industrial automation and control system components,
including through the "Eurotherm" and "Foxboro"
brands. Until recently, the respondent, Protea, was –
