Ruling on disclosure
- 1162/1/1/10 Wm Morrison Supermarkets PLC v Office of Fair Trading
- 1163/1/1/10 (1) Safeway Stores Limited (2) Safeway Limited v Office of Fair Trading
- 1164/1/1/10 (1) Asda Stores Limited (2) Asda Group Limited (3) Wal-Mart Stores (UK) Limited (4) Broadstreet Great Wilson Europe Limited v Office of Fair Trading
- 1160/1/1/10 (1) Imperial Tobacco Group plc (2) Imperial Tobacco Limited v Office of Fair Trading
 CAT 28
27 Oct 2010
Ruling on applications by ITL, Morrisons, Safeway and Asda for disclosure of documents relating to the OFT’s decision not to make a finding of infringement in relation to Tesco’s trading arrangements. The documents sought included internal OFT papers and any correspondence between the OFT and Tesco relating to the OFT’s decision, in effect, to drop proceedings against Tesco.
The Tribunal held that disclosure should not be ordered since the documents sought were irrelevant to the issues before the Tribunal in these appeals. It is not part of the Tribunal’s function to consider why the OFT concluded that it did not have sufficient evidence of an infringing arrangement between Tesco and the tobacco manufacturers.
This is an unofficial summary prepared by the Registry of the Competition Appeal Tribunal.