Background In a recent case heard before the UK's Competition Appeals Tribunal (the “CAT”), appeals were allowed to set aside an Office of Fair Trade (“OFT”) infringement decision of the Chapter I prohibition (the UK equivalent to Article 81(1) EC Treaty). The decision in The Racecourse Association and Others vs OFT & The British Horseracing Board vs. OFT ([2005] CAT 29), is only the second time that the CAT has set aside an OFT infringement decision [The first time being the Association of British Insurers case, in which the CAT allowed an appeal by the Association of an OFT infringement decision that found that the Association's General Terms of Agreement (“GTA”) infringed the Chapter I prohibition but would benefit from (pre-modernisation) individual exemption if certain changes
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The British Office of Fair Trading loses race to prohibit collective selling (The Racecourse Association & The British Horseracing Board)
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