The UK Competition Appeal Tribunal finds that it is not for the Tribunal to assess the reasonableness of the Office of Fair Trading’s exercise of its discretion to decide whether or not to open an investigation (Brannigan)

The facts In March 2003, Brannigan, a newspaper owner, launched two local free newspapers the Lewes Life in the local area of Lewes and the Uckfield Life in the local area of Uckfield. In October 2003, Brannigan made a complaint to the OFT alleging that rival publishers, Newsquest and Johnston, were breaching Chapter I and Chapter II of the Competition Act 1998 (‘CA98'). Brannigan alleged that Newsquest and Johnston were parties to an agreement not to compete against each other in Lewes and the Brighton area, which was a breach of Chapter I of the CA98. Moreover, that Chapter II of the CA98 allegedly was breached by (i) cancelling an intended print slot for his publications that had been previously been agreed with Newsquest; (ii) launching a rival weekly free paper in the Uckfield

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  • British Institute of International and Comparative Law

Quotation

Liza Lovdahl Gormsen, The UK Competition Appeal Tribunal finds that it is not for the Tribunal to assess the reasonableness of the Office of Fair Trading’s exercise of its discretion to decide whether or not to open an investigation (Brannigan), 26 July 2007, e-Competitions Bulletin July 2007, Art. N° 14874

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