The UK Competition Appeal Tribunal establishes the limited probative value of early resolution agreements in the context of the present appeal concerning the participation of a retailer in unlawful practices as regards cheese pricing (Tesco / OFT)

Tesco scores partial victory in cheese cartel* In a judgment handed down this afternoon, the Competition Appeal Tribunal largely upheld Tesco’s appeal against the OFT’s decision that it had participated in unlawful agreements relating to the price of cheese: see Tesco Stores Ltd v Office of Fair Trading [2012] CAT 31. Tesco’s victory is essentially on the facts: it persuaded the CAT that the OFT had misunderstood the evidence. The case is therefore yet another example of the facts of a case appearing very different when placed under forensic examination before the Competition Appeal Tribunal than they did when considered by the regulator (other recent examples are the tobacco litigation and the BSkyB case). The OFT

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  • Blackstone Chambers (London)

Quotation

Tristan Jones, The UK Competition Appeal Tribunal establishes the limited probative value of early resolution agreements in the context of the present appeal concerning the participation of a retailer in unlawful practices as regards cheese pricing (Tesco / OFT), 20 December 2012, e-Competitions Bulletin December 2012, Art. N° 60880

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