The English High Court reminds that the CMA has to treat with fairness and equal treatment all the parties but that a mistake should not be replicated where public funds were concerned (Gallaher)

Gallaher and Somerfield: will the CMA change its approach to settlement?* The latest episode in the tobacco litigation saga has seen Gallaher and Somerfield’s attempt to benefit from the collapse of the OFT’s case in November 2011 rejected by the High Court in R (Gallaher Group Limited and Ors) v Competition and Markets Authority [2015] EWHC 84 (Admin). Although the CMA will breathe a sigh of relief, Collin J’s critical judgment will give it food for thought on how it conducts early resolution negotiations in competition infringement cases in future. The saga began with the OFT’s decision on alleged price fixing agreements between tobacco manufacturers and retailers. During the course of the OFT’s decision making process, which stretched from March 2003 to

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  • Blackstone Chambers (London)

Quotation

Tom Coates, The English High Court reminds that the CMA has to treat with fairness and equal treatment all the parties but that a mistake should not be replicated where public funds were concerned (Gallaher), 26 January 2015, e-Competitions January 2015, Art. N° 71835

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