Competition Commission PPI Remittal

On 11 December 2009, in line with a Competition Appeal Tribunal Order, the CC issued a consultation document in which it set out its proposed approach to reconsidering a point-of-sale prohibition in the supply of Payment Protection Insurance (PPI) in the UK. This follows an appeal to the CAT by Barclays Bank PLC in relation to a remedies package developed by the Competition Commission (CC) in order to address concerns around the efficacy of competition within the market. The CAT handed down a judgement quashing the decision of the CC to impose such a ban, noting that the CC, in conducting its proportionality analysis, had failed to take into account of material considerations such as the loss of convenience of purchasing PPI at the point-of-sale of the underlying credit. The CC expects to complete its work in the summer of 2010. DotEcon is advising a leading international bank in relation to this investigation.

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