Index card Royal Mail plc v Office of Communications

Royal Mail plc v Office of Communications

Hearings

UK

12 Nov 2019 [2019] CAT 27; [2020] 4 CMLR 6, CAT

England & Wales

07 May 2021 [2021] EWCA Civ 669; [2021] Bus LR 1045; [2021] WLR(D) 266, CA (King, Males, Arnold LJJ)

07 Jun 2022 (appn dis) [2022] Bus LR 725, SC(E) (Lord Hodge DPSC, Lord Hamblen, Lady Rose JJSC)

Subject Matter

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

[2021] EWCA Civ 669; [2021] Bus LR 1045; [2021] WLR(D) 266, CA

Appellate History

Royal Mail plc v Office of Communications [2019] CAT 27; [2020] 4 CMLR 6, CAT

Decision of the Competition Appeal Tribunal affirmed

Royal Mail plc v Office of Communications [2021] EWCA Civ 669; [2021] Bus LR 1045; [2021] WLR(D) 266, CA

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