Judicial review of a market investigation

18 Mar 2009

 Tesco plc v Competition Commission [2009] CAT 6

On 30 April 2008 the Competition Commission (the “Commission”) published a report entitled “The supply of groceries in the UK: market investigation” (the “Report”). The Report was the culmination of a wide-ranging market investigation

1 lasting almost two years and attracting considerable public attention. The Commission found that, in many important respects, competition in the UK groceries industry is effective and delivers good outcomes for consumers. However, the Commission also found that features of certain local markets for the retail supply of groceries by larger grocery2 stores prevented, restricted or distorted competition. It identified as relevant features: (a) high levels of concentration persisting over time; (b) the planning regime; and (c) the control of land by incumbent retailers.