The Court of Appeal yesterday delivered a judgment that should finally draw a line under one of the Office of Fair Trading’s more troublesome cases – and which will presumably bring a great sigh of relief from the Competition and Markets Authority, the body that has now taken over the OFT’s functions. Continue reading
Tag Archives: extension of time
Late in 2011, the Office of Fair Trading was forced to concede before the Competition Appeal Tribunal that it could no longer defend the theory of harm contained in its Decision on alleged pricing agreements between tobacco manufacturers and retailers.
However, the OFT refused to simply give up, and instead tried to persuade the CAT to allow it to run a new case. One of the barristers before the CAT (step forward Dinah Rose QC) described the OFT’s new case as “Frankenstein”, a corpse stitched together from components of the abandoned Decision. She invited the CAT to bury the corpse. It duly did so: the OFT was not allowed to run a new case, and the Appellants succeeded in their appeals.
The OFT’s original Decision, however, was not quite dead. Continue reading