| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 23 (Oct) |
| Neutral Citation: | [2004] CAT 17 |
| Court: | Competition Appeal Tribunal |
| Judge: | Sir Christopher Bellamy (President), Mr B Colgate and Mr R Prosser |
| Representation | Lord Grabiner QC and Mark Hoskins (instructed by DLA) for JJB. |
| Laurence West-Knights QC and George Peretz (instructed by Addleshaw Goddard) for A Ltd. | |
| Stephen Morris QC, Jon Turner and Anneli Howard (instructed by Director of Legal Services) for the OFT. | |
| Judgment Dates: | 1 October 2004 |
Catchwords
Competition - Agreements preventing, restricting or distorting competition - Prohibited agreements - Price fixing - Replica football kit - Office of Fair Trading ruling that appellants had engaged in price fixing - Appeal on liability - Applicable standard of proof - Consideration of evidence - s 2.
The Case
Where penalties were imposed under the the balance of probabilities standard was to be applied. However, where serious matters were in issue, eg conduct akin to dishonesty, the quality and weight of the evidence needed to be stronger than it would need to be if the allegations were less serious. The nature of the evidence which was likely to be sufficiently convincing to prove the infringement would depend on the circumstances and the facts of the case.
Practice Areas
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