Gallaher Group Ltd & Anor, R (on the application of) v Competition and Markets Authority

Gallaher Group Ltd & Anor, R (on the application of) v Competition and Markets Authority

The OFT's assurances to TM Retail regarding repayment of penalties in the event of successful third-party appeals were given in error and without proper consideration of the principles of finality and legal certainty. The claimants, who did not request similar assurances and chose not to appeal, are barred by the principle of finality from benefiting from successful appeals by others. The mistake made in favour of TM Retail does not justify replication for the claimants, especially where public funds are concerned.

Parties
Claimant: Gallaher Group Limited; Claimant: Gallaher Limited; Claimant: Somerfield Stores Limited; Claimant: Co-operative Group Food Limited; Defendant: Competition and Markets Authority
Jurisdiction
England and Wales
Judgment Date
26 January 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claims dismissed
Legal Topics
Early Resolution Agreements, Penalty Payments, Fairness and Equal Treatment, Legal Certainty, Finality of Decisions
Competition Law Administrative Law Public Law Early Resolution Agreements Penalty Payments Fairness and Equal Treatment Legal Certainty Finality of Decisions

Case Brief

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Parties

Gallaher Group Limited

Claimant

Gallaher Limited

Claimant

Somerfield Stores Limited

Claimant

Co-operative Group Food Limited

Claimant

Competition and Markets Authority

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the OFT breached its duty of fairness and equal treatment by giving assurances to TM Retail not offered to other parties
  2. 2 Whether the claimants are entitled to repayment of penalties paid under Early Resolution Agreements due to assurances given to TM Retail
  3. 3 Whether the principle of finality and legal certainty bars the claimants from benefiting from successful appeals by other parties

Ratio Decidendi

The OFT's assurances to TM Retail regarding repayment of penalties in the event of successful third-party appeals were given in error and without proper consideration of the principles of finality and legal certainty. The claimants, who did not request similar assurances and chose not to appeal, are barred by the principle of finality from benefiting from successful appeals by others. The mistake made in favour of TM Retail does not justify replication for the claimants, especially where public funds are concerned.

Court Disposition

Claims dismissed