Baroness Stowell, Chair of the House of Lords Communications and
Digital Committee, has written to the Prime Minister to emphasise
the importance maintaining the judicial review appeals standard
in the Digital Markets, Competition and Consumers Bill.
The letter follows reports that the Government has been
considering changes which would allow a broader appeals system
with the prospect of lengthy litigation to challenge the
regulator’s decisions. The letter says this would undermine the
fundamental purpose of the Bill and reduce the likelihood of
ensuring healthy competition in the digital economy. It sets out
four key advantages to the maintaining the current judicial
review standard:
-
Speed – Judicial review provides a timely
process that ensures the regulator’s decisions remain relevant
to market conditions.
-
Fairness – Judicial review is a tried and
tested process which is used to good effect in comparable
settings. Introducing more avenues for legal challenge against
the regulator’s decisions would not in itself make the process
fairer, but it would create a power imbalance favouring those
with the greatest resources.
-
Non-adversarial approach – Judicial review
encourages parties in a dispute to engage constructively and in
good faith early on.
-
Regulatory certainty – The factors above
ensure regulatory certainty around decision, whereas a
lengthier process would introduce more uncertainty.
The letter acknowledges that the Bill should be proportionate and
not anti-big tech, drawing attention to other areas that do not
require stricter regulations. Baroness Stowell said the
Government’s original approach struck the right balance and
should not now be changed.
The full letter is available
online (PDF)
