||All England Reporter
|| All ER (D) 270 (Apr)
|| CAT 11
||Competition Appeal Tribunal
Marion Simmons QC, Dr A Pryor and Mr D Summers
||Daniel Beard (instructed by Wright Hassall) for the company.
||Tim Ward (instructed by the Director of Legal Services) for the OFT.
||20 April 2005
Competition - Competition Appeal Tribunal - Costs - Appropriateness of making costs award.
An important factor in the Competition Appeal Tribunal exercising its discretion as to whether to award costs was the effect a costs order might have on an undertaking that also had to meet the impact of the penalty and its own costs. That factor might be particularly relevant in the context of small undertakings that might be deterred from bringing reasonable appeals from decisions of the OFT. In that context a further relevant factor might be the extent of the potential costs exposure in relation to the amount of the penalty. It was also important to consider that the company in the instant case had failed to make out any of its grounds of appeal and that the penalty had been upheld in its entirety.
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