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Following a successful application for strike-out / summary judgment by Coca-Cola European Partners (“CCEP”) in a competition claim brought against it by a drinks wholesaler, the Competition Appeal Tribunal has made a rare order awarding CCEP its costs in the action on the indemnity basis.
The Tribunal held that CCEP was “the wholly successful party” and that the Claimant’s conduct of the action was such as to take the case “out of the normal” in a way which justifies an order for indemnity costs.
The full judgment in the application can be found here Forrest Fresh Foods Limited v Coca-Cola European Partners Great Britain Limited
See the reasoned costs order Forrest Fresh Foods Limited v Coca-Cola European Partners Great Britain Limited
Josh Holmes QC and Nikolaus Grubeck acted for CCEP, instructed by CMS