The UK Competition Appeal Tribunal quashes a decision of the Office of Fair Trading on the absence of an infringement by a dominant undertaking in the Scottish milk market for reasons of inadequate investigation and limited analysis of the facts of the case (Claymore / Wiseman)

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UK Competition Appeal Tribunal (CAT), Claymore / Wiseman, Case n° 1008/2/1/02, 2 September 2005

[2005] CAT 30

This case relates to an appeal brought by Claymore Dairies Ltd (hereinafter “Claymore”), a processor of fresh milk active in Scotland, against the decision of the Office of Faire Trading (“OFT” to the effect that there was insufficient evidence that its competitor Robert Wiseman Dairies Plc (hereinafter “Wiseman”) had infringed the Chapter II prohibition of the Competition Act 1998. Claymore, which accounted for around 6% of sales of fresh processed milk in Scotland, argued that following its acquisition by Express Dairies Plc, the largest processor of fresh milk in England and Wales, its competitor, Wiseman, which had a dominant position in the Scottish milk market (a market share of 74%), adopted a sustained campaign of anti-competitive practices. These practices included predatory

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Ioannis Lianos, The UK Competition Appeal Tribunal quashes a decision of the Office of Fair Trading on the absence of an infringement by a dominant undertaking in the Scottish milk market for reasons of inadequate investigation and limited analysis of the facts of the case (Claymore / Wiseman), 2 September 2005, e-Competitions September 2005, Art. N° 436

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