In the Competition Commission Appeal Tribunal ruling in Napp v DGFT, the Office of Fair Trading won a significant victory. Mark Friend discusses the implications for competition policy, particularly with regard to the pharmaceuticals sector
The Competition Commission Appeal Tribunal ruling on 15 January in Napp v DGFT is a significant victory for the OFT. Having lost the very first case to be appealed to the tribunal (GISC), a second defeat before the tribunal would have been a major embarrassment. In the event, although Napp succeeded in having its fine reduced from £3.21m to £2.2m, the tribunal supported the OFT on nearly all points of substance.
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