| Synopsis: |
On 09 May 2006, the Office of Fair Trading (OFT) referred the supply of groceries by retailers in the UK to the Competition Commission (CC) for investigation, under section 131 of the Enterprise Act 2002. In its final report published on 30 April 2008, the CC recommended to the Government that a competition test (the Test) be applied to grocery retail planning applications. Tesco PLC challenged the lawfulness of the CC's decision to recommend the adoption of the Test. The Competition Appeal Tribunal upheld Tesco's appeal and referred the matter back to the CC. The decision document addresses the Tribunal's judgment by assessing the: operation of the Test; benefits and costs that may arise as a result of the Test; and, effectiveness and proportionality of the Test. |