The UK Competition Appeal Tribunal establishes the limited probative value of early resolution agreements in the context of an appeal concerning the participation of a retailer in unlawful practices regarding cheese pricing (Tesco / OFT)

Tesco scores partial victory in cheese cartel* In a judgment handed down this afternoon, the Competition Appeal Tribunal largely upheld Tesco’s appeal against the OFT’s decision that it had participated in unlawful agreements relating to the price of cheese: see Tesco Stores Ltd v Office of Fair Trading [2012] CAT 31. Tesco’s victory is essentially on the facts: it persuaded the CAT that the OFT had misunderstood the evidence. The case is therefore yet another example of the facts of a case appearing very different when placed under forensic examination before the Competition Appeal Tribunal than they did when considered by the regulator

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  • Blackstone Chambers (London)

Quotation

Tristan Jones, The UK Competition Appeal Tribunal establishes the limited probative value of early resolution agreements in the context of an appeal concerning the participation of a retailer in unlawful practices regarding cheese pricing (Tesco / OFT), 20 December 2012, e-Competitions Bulletin Commitment Decisions, Art. N° 60880

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