Health and safety trainer begins first 'fast track' Competition Appeal Tribunal application

National Compliance and Risk Qualifications (NCRQ) has claimed that the Institution of Occupational Safety and Health (IOSH), an industry membership organisation, abused its dominant position as a body that accredits health and safety training courses when it refused to accredit the NCRQ's diploma qualification. It is seeking an injunction, damages and a declaration that the IOSH has abused its dominant position, according to a notice published on the CAT website (1-page / 90KB PDF).

The 2015 Consumer Rights Act (CRA 2015), which came into force on 1 October 2015, gave the CAT a range of new powers, including the ability to allocate competition law proceedings to a 'fast track' procedure. It may do so on its own initiative, or on the application of one of the parties.

Cases allocated to the fast track must be heard within six months, and costs recoverable by the winning party will be capped at a level set by the CAT. When deciding whether proceedings should be designated to the fast track the CAT must consider a range of factors including whether the case can be heard in three days or less, the complexity and novelty of the issues involved, the nature of the remedy being sought and whether any of the parties are individuals or micro, small or medium-sized enterprises.

In addition to being the first case to seek an interim injunction from the CAT, the case is also the first 'standalone' damages action to be brought before the CAT, meaning that it has not been based on a previous infringement decision by a competition authority. Before CRA 2015 came into force, the CAT only had the ability to hear 'follow-on' actions, or those based on previous infringement decisions by competition authorities.

Competition law expert Ben Lasserson of Pinsent Masons, the law firm behind Out-Law.com, said that competition law practitioners would be watching the progress of the case with interest.

"The case represents a series of firsts for the CAT, following the recent expansion of its powers.  In particular, the CAT's new power to designate a claim to the 'fast track' is an important development and we are yet to see how it will work in practice," he said.

"Competition law cases are inherently complex, and there are questions as to how realistic the parameters of the 'fast track' will be" he said.

IOSH was granted a Royal Charter in 2002 and, as part of its role, accredits qualifications related to the health and safety industry, according to the notice published on the CAT website. As part of its claim, NCRQ has alleged that IOSH holds a "dominant position in the market" for the accreditation of such qualifications, and that its refusal to accredit the NCRQ diploma "is an abuse of [that] dominant position, restricting competition in the downstream market for the provision of training leading to qualifications in health and safety", according to the notice.

A hearing in respect of NCRQ's application for an interim injunction will be heard by the CAT on 12 and 13 January, according to its website.