Following the Competition Commission's (CC) final report into the supply of groceries in the UK, Tesco launched an appeal to the Competition Appeal Tribunal (CAT). The appeal challenged the CC's recommendation to introduce a 'competition test' when assessing planning applications for grocery stores. Applications for intervention in the case had to be made to the CAT by 23 July 2008 and the CAT granted applications from Waitrose, Marks and Spencer, and Asda. The Association of Convenience Stores (ACS) made a late submission but the CAT has used its discretion (albeit reluctantly) to allow the intervention. It did so on the basis that ACS had sufficient interest to intervene, if it had been excluded the CAT would not have heard the views of the stores and it was conscious that the CC had outlined the substantial role played by the ACS in the market investigation.