Cityhook Limited v Office of Fair Trading [2007] CAT 18

Competition Appeal Tribunal judgment (98 pages, PDF) that Cityhook's appeal is inadmissible, because OFT had not made a decision under the Competition Act 1998; instead it had decided to close the case on administrative priority grounds despite strong evidence of infringement. The Tribunal notes that:

299. Finally, we note that it is a somewhat incongruous result that a sufficiently interested person has a right of appeal on the merits to the Tribunal against a non-infringement decision, whereas in cases where the evidence supports a finding of a potential infringement, but the authority chooses to close the case file without reaching a final decision, such a person has no right of appeal on the merits.

For further information or advice please contact Franck Latrémolière.

Filed under CAT, OFT.

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