R (on the application of Gallaher Group Ltd and another) v Competition and Markets Authority; R (on the application of Somerfield Stores Ltd and another) v Competition and Markets Authority

Competition – Competition Appeal Tribunal. The claimants sought judicial review of the decision of the defendant's predecessor, the Office of Fair Trading (the OFT), refusing a payment to them similar to that made to a third party (TMR), pursuant to the OFT's assurance to TMR. The Administrative Court, in dismissing the application, held that the OFT had given the assurance that TMR would benefit from a successful appeal by another party against its finding of infringement, under Ch 1 of the Competition Act 1998. It had been unfair for the OFT to give TMR that unknown advantage, but the mistake should not be replicated in the claimant's favour, as public funds were concerned.

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