The Court of Appeal of England and Wales confirms that a combination of vertical contacts between a manufacturer and retailers can spill over into a horizontal agreement between the retailers, even where there has been no direct contact between them (Argos / Littlewoods / JJB)

All views expressed are strictly personal views of the author. The present case note does not constitute legal advice and should not be relied on as such. On 19 October 2006, the Court of Appeal issued its ruling in an appeal involving Argos, Littlewoods and JJB under the Competition Act 1998 (the "Act"). Although the cases were unrelated, the Court handed down a joint judgment on the basis that both cases raised similar issues on liability for infringements of competition law and penalties. The two appeals were dismissed, both on the issues of liability as well as on the penalty points, and the Court refused leave to appeal to what was then the House of Lords. The ruling is important because it explores what type of communications between a retailer and its supplier will infringe

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  • Herbert Smith Freehills (London)

Quotation

Stephen Wisking, The Court of Appeal of England and Wales confirms that a combination of vertical contacts between a manufacturer and retailers can spill over into a horizontal agreement between the retailers, even where there has been no direct contact between them (Argos / Littlewoods / JJB), 19 October 2006, e-Competitions October 2006, Art. N° 27713

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