The Court of Appeal has ruled that the CMA must repay the fines levied on Somerfield and Gallagher in relation to the tobacco retail pricing decision. Somerfield and Gallagher argued successfully that they should have been treated in the same way as another party to the investigation (TM Retail). TM Retail had been given assurances that it would be able to take advantage of any successful third party appeal to secure repayment of the fine paid under its early resolution agreement. Click here.