Tesco has appealed to the CAT challenging the decision of the OFT to fine Tesco for its involvement in an information exchange on retail pricing intentions for the sale of cheese. The original decision of the OFT announcing that Tesco had breached the Chapter 1 prohibition of the Competition Act 1998 (in relation to anticompetitive agreements) was published in our August 2011 bulletin.

The appeal summary published by the CAT states that Tesco claims that the OFT was wrong to conclude from the evidence that it had participated in the breaches of the Competition Act 1998. Tesco also claims that the penalty imposed on it was excessive and disproportionate. In terms of relief, Tesco has asked that the decision against it be quashed or, in the alternative, that the fine be reduced.