The UK Competition Appeal Tribunal relies on the refusal to supply doctrine to adopt a very wide interpretation of abuse (Burgess/OFT)

CHRONOLOGY On 16 January 2002, W Austin and Sons (Stevenage) Limited (“Austins”) wrote to J.J. Burgess and S.J. Burgess trading under the name JJ Burgess and Sons (“Burgess”) refusing Burgess access to Harwood Park with effect from 18 January 2002. On 21 January 2002, Burgess complained to the OFT about Austins alleging that the refusal of access to Hardwood Park amounted to an abuse of a dominant position contrary to the Competition Act 1998 Chapter II prohibition. On 28 February 2002, the OFT rejected the complaint (“the original decision”). On 6 June 2002, Burgess made application to OFT to vary the original decision. On 9 April 2003, the OFT withdrew the original decision. On 18 August 2003, Burgess submitted its first request for interim measures to OFT. On 24 September

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  • British Institute of International and Comparative Law

Quotation

Liza Lovdahl Gormsen, The UK Competition Appeal Tribunal relies on the refusal to supply doctrine to adopt a very wide interpretation of abuse (Burgess/OFT), 30 March 2006, e-Competitions Bulletin March 2006, Art. N° 521

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