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On 20 December 2012, the Competition Appeal Tribunal (“CAT”) handed down judgment in the case of Tesco v OFT. Tesco had appealed against a decision of the Office of Fair Trading that Tesco had participated in two separate concerted practices, referred to as the 2002 and 2003 cheese initiatives, which had as their object the restriction of competition in breach of the Chapter I prohibition in the Competition Act 1998.
Following a five week trial in the CAT in April/May 2012, the CAT held that the Office of Fair Trading was right to find that on three occasions in 2002 Tesco had engaged in the indirect exchange of future pricing intentions in relation to the supply of cheese in the United Kingdom contrary to the Chapter I prohibition in the Competition Act 1998 s.2(1). The remainder of the OFT’s findings in relation to alleged concerted practices in 2002 and in 2003 were set aside as against the appellant.
To read the judgment, please click here.
Kassie Smith acted for the Office of Fair Trading.