Summary of application published 24 November 2003. A hearing took place on 28 November 2003. Final judgment was handed down on 3 December 2003. The Tribunal granted permission for the OFT to appeal in its decision of 19 December 2003.
The OFT’s appeal was heard by the Court of Appeal on 3 and 4 February 2004. On 19 February 2004 the Court of Appeal dismissed the appeal and gave guidance on the correct test to be applied by the OFT under section 33(1) of the Enterprise Act 2002.