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Competition Law

Analysis - debate - current awareness

25 JAN 2013

Tesco Stores Ltd, Tesco Holdings Ltd, Tesco plc v Office of Fair Trading [2012] CAT 31; [2013] CompAR 23

On 20 December 2012, the CAT upheld in part Tesco's appeal against liability in respect of the Office of Fair Trading's (OFT) infringement decision relating to pricing of cheese. The Tribunal examined at great length the relevant law relating to concerted practices, and in particular to hub-and-spoke arrangements. Each allegation of unlawful concertation was analysed on its specific facts, and a number of OFT findings were rejected. The Tribunal was also critical of the way in which the parties managed parts of the proceedings.


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