Ruling (Setting aside of decision)

Neutral citation:

[2005] CAT 36


1 Nov 2005



Ruling setting aside by consent a decision of the OFT dated 3 August 2005 not to make a market investigation reference under section 131 of the Enterprise Act 2002 in respect of the supermarkets sector.

This was the first application to the Tribunal pursuant to section 179 of the Enterprise Act 2002 for review of a decision by the OFT in respect of a market investigation reference.

In response to the applicant’s Notice of Application the OFT indicated in writing its intention to withdraw its decision on the grounds that, upon reflection, it was clear that the decision was insufficiently reasoned. The OFT further indicated that it would consider the decision afresh taking account of all relevant circumstances.

The Tribunal, accordingly, formally quashed the OFT’s decision and remitted the matter to the OFT with a direction to reconsider the matter and take a fresh decision.

This is an unofficial summary prepared by the Registry of the Competition Appeal Tribunal.