Balmoral Tanks v CMA – a Moral Tale
The Competition Appeal Tribunal’s decision in Balmoral Tanks v CMA could almost have been conceived as a case study. It contrasts an old fashioned cartel, involving organised price fixing and customer allocation, with “loose pricing talk” among competitors, and reminds us that modern competition law is well equipped to deal with both. The decision also takes a robust approach to the calculation of fines, declining to interfere with the CMA’s calculations, despite some apparently anomalous results.
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The comments made in this case note are wholly personal and do not reflect the views of any other members of Monckton Chambers, its tenants or clients.