§ Mr. RoweTo ask the President of the Board of Trade what assessment he has made of the implications for the Government's competition policy of the judgment of Mr. Justice Knox in the chancery division of the High Court in the case of Mid Kent Holdings plc. delivered on 30 April; and if he will make a statement. [29614]
§ Mr. Lang[holding answer 16 May 1996]: I have carefully studied the judgment delivered by Mr. Justice Knox on 30 April. In relation to the specific case before the court, he concluded that Mid Kent Holdings did not have a sufficient private right to obtain declarations that General Utilities was in breach of undertakings given to the Secretary of State for Trade and Industry on 21 March 1991, and that in those circumstances he considered that it would be wrong for him to give a view as to whether there had been such a breach. Mr. Justice Knox also reaffirmed my discretion under section 93(A)2 to bring civil proceedings in respect of any failure, or apprehended failure, to fulfil an undertaking. I will ensure that future decisions take full account of Mr. Justice Knox's judgment in so far as it may be relevant.