On 24 May 2011, the OFT announced its decision not to appeal the Competition Appeal Tribunal’s (CAT) decision to reduce penalties imposed upon Eden Brown, CDI and Hays for price fixing and collective boycott of a new entrant. The OFT emphasised that the conduct was viewed by the CAT as “a very serious violation of competition law” and that the judgment only concerned the level of the penalties. More recently the CAT has reduced the level of penalties imposed by the OFT in a number of construction cartel cases. It has yet to be seen whether the OFT decides to appeal any of these judgments. Nor is it clear whether the CAT’s recent judgments are likely to result in any changes in OFT enforcement policy in the future. The OFT’s reaction to date suggests that any response is likely to concern the approach to meeting its evidential burden.