Argos, Littlewoods and JJB v OFT [2006] EWCA Civ 1318

Court of Appeal judgment (about 80 pages) affirming the Competition Appeal Tribunal's judgments in the (separate) cases involving retail price fixing of football shirts and of toys and games. The court endorsed all the findings of the Tribunal, including its approach to setting penalties and the fact that the Tribunal is not in any way bound by the OFT's guidance on penalties. The only real criticism of CAT seems to relate to the length of its judgments (337, 282, 75 and 97 pages, all PDF):

"Complicated as appeals of this kind to the Tribunal are often likely to be, it may be that the Tribunal will, over time, find it possible to deal with such appeals in judgments which are not so long as those under appeal in the present cases. ... We therefore express the hope that, in future, it will be possible for the Tribunal to express its findings of fact and its reasoning in more succinct form."

For further information or advice please contact Franck Latrémolière.

Filed under Article 81, CAT, OFT, UK courts.

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