The Business Law Reports
[2021] Bus LR 1045
Court of Appeal
Royal Mail plc v Office of Communications (Whistl UK Ltd intervening)
[2021] EWCA Civ 669
2021 April 20, 21; May 7
King, Males, Arnold LJJ
Competition— Abuse of dominant position— Exclusionary effect on market— Regulatory authority launching investigation into price changes proposed by Royal Mail— Potentially anti-competitive effects of changes tested by reference to notional competitor as efficient as Royal Mail— Test apparently indicating changes would not eliminate competition— Whether competition authority required to have regard to test—
Competition Act 1998 (c 41), s 18
—
FEU Treaty
, art 102