Source: All England Reporter
Publisher Citation: [2005] All ER (D) 323 (May)
Neutral Citation: [2005] CAT 22
Court: Competition Appeal Tribunal
Judge:

Sir Christopher Bellamy (President), Mr B Colgate and Mr R Prosser
Representation Nicholas Green QC and Kelyn Bacon (instructed by Umbro Holdings Limited Legal Department) appeared for UH Ltd.
  Peter Roth QC and Paul Harris (instructed by James Chapman & Co) appeared for MU plc.
  Lord Grabiner QC and Mark Hoskins (instructed by DLA Piper Rudnick Gray Cary UK LLP) appeared for JS plc.
  George Peretz (instructed by Addleshaw Goddard) and Adam Aldred (of Addleshaw Goddard) appeared for A Ltd.
  Stephen Morris QC, Jon Turner and Anneli Howard (instructed by Director of Legal Services, Office of Fair Trading) appeared for the OFT.
Judgment Dates: 19 May 2005

Catchwords

Competition - Agreements preventing, restricting or distorting competition - Prohibited agreements - Penalties - Appeal against level of penalties imposed - Tribunal's approach - , s 36.

The Case

In determining an appeal against penalties imposed by the Office of Fair Trading (OFT) for infringement of the Ch1 prohibition set out in s2 of the the Competition Appeal Tribunal had to focus primarily on whether the overall penalty imposed was appropriate for the infringements in question. Provided that the OFT had remained within its margin of appreciation in applying the guidance, published under s38 of the Act, as to the appropriate amount of any penalty, the tribunal's primary task was to assess the justice of the overall penalty, rather than to consider in minute detail the individual steps applied by the OFT.

Practice Areas

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