Judgment (Non-confidential version)

Neutral citation:

[2006] CAT 4


13 Feb 2006



Judgment on an application by Somerfield Plc (“Somerfield”) for judicial review of a decision of the Competition Commission (“CC”) concluding that the completed acquisition by Somerfield of 115 stores previously owned by Wm Morrison Supermarkets Plc may be expected to result in a substantial lessening of competition (“SLC”) in 12 local grocery markets in Great Britain.

The Tribunal dismissed the application, which by the time of the hearing was limited to a ground of review relating to the remedy.

The Tribunal found that the CC acted reasonably in (i) requiring Somerfield to divest the acquired, rather than the existing, store in relation to seven local markets so as to remedy the SLC identified by the CC; and (ii) excluding for an initial period Limited Assortment Discounters from the set of permitted purchasers of divested stores.

This was the first application for review of a decision of the CC.

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