The WLR Daily case summaries
[2018] WLR (D) 300
Supreme Court
R (Gallaher Group Ltd and others) v Competition and Markets Authority
[2018] UKSC 25
2018 March 13, 14; May 16
Lord Mance DPSC, Lord Sumption, Lord Carnwath, Lord Hodge, Lord Briggs JJSC
Competition— Restriction or distortion of competition— Anti-competitive agreement— Authority investigating practices of producers and retailers of tobacco products— Claimants and third party retailer each entering into early resolution agreement with authority accepting liability for infringements in return for reduced financial penalties— Authority giving assurances to third party retailer that if it did not appeal any penalties paid would be refunded should appeals by others be allowed— Claimants unaware of those assurances and not offered similar assurances— Claimants and third party retailer not appealing against penalties imposed by authority but paying reduced penalties pursuant to early resolution agreements— Authority’s case on liability subsequently proving unsustainable following successful appeals by other parties— Authority honouring assurances to third party retailer but refusing similar repayment of penalties levied against claimants— Whether difference in treatment of claimants and of third party retailer breaching authority’s duties of fairness and equal treatment— Whether claimants entitled to benefit of assurances given to third party retailer and to refund of penalties paid