When the Office of Fair Trading (whose functions have, since the dispute in this case arose, been transferred to the new Competition and Markets Authority) issues a penalty decision, the addressees can choose to appeal that decision within two months [1]. In some situations, some of the addressees of a penalty decision do choose to appeal and other addressees of the same decision do not. (Appealing a decision by the OFT is not a guaranteed success but it certainly is time-consuming and potentially very costly – it is, therefore, unsurprising that many of those who are subject to a penalty decision will decide to ‘take the hit’ rather than take on the risk of an appeal.) In such a situation, when an appealing addressee is successful in having either the penalty decision quashed or the
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The English High Court holds that a non-appealing addressee of a penalty decision by the OFT that is successfully challenged by another addressee cannot seek common law restitution (Lindum Construction & Others/OFT)
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