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On 4 March, the Competition Appeal Tribunal (CAT) handed down judgment in Tesco’s application for review of one of the Competition Commission’s (CC) remedies in its Groceries Report.
Following a two-year inquiry into the grocery sector, the CC had recommended to central government that a ‘competition test’ should be introduced into the planning system. The CAT held that the CC had failed properly to consider certain relevant considerations relating to the costs and benefits of the competition test. The CAT clarified, however, that it had not concluded that the competition test was unreasonable, disproportionate or otherwise inappropriate or unlawful.
The parties have been invited to address the CAT on the question of specific relief at a hearing on 16 March 2009.
Several barristers from Monckton Chambers were involved in the case. Julian Gregory acted for Tesco.
Peter Roth QC, Daniel Beard, Valentina Sloane and Ewan West acted for the Competition Commission.
Tim Ward and Kassie Smith acted for the interveners, Asda and Waitrose respectively.
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Tim Ward QC
Kassie Smith QC
Julian Gregory