Pernod Ricard and another v OFT [2004] CAT 10

Competition Appeal Tribunal judgment (73 pages, PDF) on the admissibility of an appeal by Pernod Ricard against an OFT decision to close its file on a complaint made by Pernod against Bacardi alleging abuse of a dominant position through exclusive contracts for the supply of white rum. The OFT had argued that it had not made an appealable decision under the Competition Act 1998 and that the Tribunal had no jurisdiction.

The Tribunal found that the OFT's decision to close its file following receipt of assurances by Bacardi as to its future conduct amount to a decision that the conduct after these assurances was not an abuse of a dominant position, and was therefore appealable. The judgment also discusses procedural issues relating to the rights of complainants to participate on the OFT procedure.

For further information or advice please contact Franck Latrémolière.

Filed under CAT, OFT.

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