Andrew Bowen acted as junior counsel in the groundbreaking challenge brought by the Merger Action Group in the Competition Appeal Tribunal against the decision by the Secretary of State for Business, Enterprise and Regulatory Reform not to refer the proposed financial merger between Lloyds TSB Group plc and HBOS plc, which is now reported at 2009 SLT 10.  The challenge, determined under Scottish judicial review principles in terms of section 120 of the Enterprise Act 2002, was ultimately unsuccessful but raised novel issues in respect of a matter of general public importance.