The Business Law Reports
[2016] Bus LR 1200
Court of Appeal
Regina (Gallaher Group Ltd and another)
v
Competition and Markets Authority
Regina (Somerfield Stores Ltd and another)
v
Competition and Markets Authority
[2016] EWCA Civ 719
2016 June 22,
23;
July 15
Lord Dyson MR, Longmore, Lloyd Jones LJJ
Competition— Restriction or distortion of competition— Anti-competitive agreement— Defendant investigating practices of producers and retailers of tobacco products— Claimants entering into early resolution agreements accepting liability for infringements in return for reduced financial penalties— Defendant giving assurances to third party retailer that if it entered into early resolution agreement any penalties would be refunded should appeals by others be allowed— Similar assurances not offered to claimants— Defendant’s case on liability subsequently proving unsustainable following appeals— Defendant honouring assurances to third party but refusing repayment of penalties levied against claimants— Whether difference in treatment breaching defendant’s duties of fairness and equal treatment— Whether claimants entitled to repayment