1279/1/12/17 Ping Europe Limited v Competition and Markets Authority

Summary of appeal published on 27 October 2017. An application for interim relief was received from the Appellant in respect of certain directions made by the Respondent in its decision entitled “Online sales ban in the golf equipment sector” dated 24 August 2017. On 25 October 2017 the President approved a consent order suspending the directions pending the final resolution of the appeal by the Tribunal.  

A case management conference (“CMC”) took place on 4 December 2017 at which the Tribunal set down directions to a main hearing. 

An application by the Respondent to exclude certain evidence filed by the Appellant with its notice of appeal was heard at a further CMC on 15 January 2018.  The Tribunal dismissed the application at the hearing and gave its written reasons for this decision in a ruling dated 26 March 2018 ([2018] CAT 8).  

The Chairman made an order establishing a confidentiality ring on 31 January 2018. 

An application by the Appellant for disclosure of an unredacted version of the Complainant’s confidential witness statement was heard on 2 March 2018. On 9 March 2018 the Chairman made a ruling ([2018] CAT 7) directing that the unredacted version of the Complainant’s confidential witness statement be disclosed to Mr Brown (Ping’s UK Sales Director): see the Tribunal’s Order of 13 March 2018.  

On 9 May 2018, the Chairman made two reasoned orders in relation to the costs of: (i) the Respondent’s application to exclude certain evidence filed by the Appellant with its notice of appeal; and (ii) the Appellant’s application for disclosure of an unredacted version of the Complainant’s confidential witness statement. 

The main hearing took place during 10-25 May 2018. Judgment was handed down on 7 September 2018. On 15 November 2018 the Tribunal issued a ruling refusing Ping's application for permission to appeal ([2018] CAT 16).  A renewed application for permission to appeal was subsequently granted by the Court of Appeal. 

A costs hearing took place on 11 January 2019. On 6 March 2019, the Chairman made two rulings in relation to: (1) the CMA's application for costs and the amount of interest to be paid on the penalty; and (2) the Complainant's application for costs.

On 21 January 2020 the Court of Appeal handed down judgment dismissing Ping's appeal ([2020] EWCA Civ 13).