The OFT found that Tesco had engaged in unlawful practices and imposed fines on the company as a result. Tesco appealed the decision to the CAT. In the course of the appeal, the OFT sought an order for disclosure by Tesco of witness statements and other related evidence, which had been collected by Tesco at the time of the OFT's investigation. The CAT had to decide (a) whether a disclosure order was appropriate, and (b) if it was, whether any of the documents were privileged. Tribunal Chairman Lord Carlile QC refused the OFT's application. In relation to issue (a), he found that a disclosure order was not appropriate in the circumstances. However, although not strictly necessary, he also went on to address issue (b). His judgment on that issue is the first to clarify the scope of litigation privilege in the context of an investigation by a national competition authority. As a result, it is likely to have a significant impact on future cases concerning privileged communications.