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England and Wales decisions
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Allergan PLC & Ors v Competition and Markets Authority [2024] EWCA Civ 1023 (06 September 2024)
The Court of Appeal held that the CMA’s Chapter I case was properly put to witnesses, overturned the Tribunal’s dishonesty findings, and reinstated the infringement findings.
The CMA's case was properly put to the witnesses and did not require allegations of dishonesty. The Tribunal erred in its procedural approach by issuing provisional findings and requiring further hearings. The Tribunal's findings as to anti-competitive agreements and market definition were supported by the evidence. The companies' appeals from the CMA's Decision are dismissed and the CMA's Decision is reinstated, excluding findings of dishonesty.
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Gascoigne Halman Ltd v Agents' Mutual Ltd [2019] EWCA Civ 24 (24 January 2019)
The Court of Appeal dismissed Gascoigne Halman’s challenge to OnTheMarket’s contractual rules, holding they were not restrictions of competition by object.
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