The UK Tobacco Case: Restrictions by Object in Vertical Agreements

TY - JOUR

T1 - The UK Tobacco Case

T2 - Restrictions by Object in Vertical Agreements

AU - Jones, Alison

AU - Turati, Alessandro

PY - 2012

Y1 - 2012

N2 - The Office of Fair Trading (OFT) adopted a broad interpretation of what constitutes a restriction by object in its Tobacco decision, relying on the European Court of Justice's (ECJ's) judgment in T-Mobile Netherlands.The decision was annulled by the Competition Appeal Tribunal (CAT) on appeal as the OFT was not able to put forward sufficient evidence to support the findings of infringement set out in its Decision.The CAT's ruling has been handed down at a critical time as the UK government is in the process of making its final decision on a number of aspects of UK competition law reform, including whether to require the UK competition authority to prosecute antitrust cases before the CAT.

AB - The Office of Fair Trading (OFT) adopted a broad interpretation of what constitutes a restriction by object in its Tobacco decision, relying on the European Court of Justice's (ECJ's) judgment in T-Mobile Netherlands.The decision was annulled by the Competition Appeal Tribunal (CAT) on appeal as the OFT was not able to put forward sufficient evidence to support the findings of infringement set out in its Decision.The CAT's ruling has been handed down at a critical time as the UK government is in the process of making its final decision on a number of aspects of UK competition law reform, including whether to require the UK competition authority to prosecute antitrust cases before the CAT.

U2 - 10.1093/jeclap/lps014

DO - 10.1093/jeclap/lps014

M3 - Article

SN - 2041-7764

VL - 3

SP - 287

EP - 292

JO - Journal of European Competition Law and Practice

JF - Journal of European Competition Law and Practice

IS - 3

ER -