Judgment on the penalty aspects of appeals brought by Argos Limited and Littlewoods Limited against a decision of the OFT finding that Argos and Littlewoods had infringed the Chapter I prohibition contained in section 2 of the Competition Act 1998 by entering into agreements and/or concerted practices which fixed prices at which certain toys and games manufactured by Hasbro would be retailed by Argos and Littlewoods. The Tribunal had dismissed the appeals on liability in their entirety: [2004] CAT 24.
The Tribunal altered the penalties payable, in Argos' case from £17.28 million to £15 million and in Littlewoods' case from £5.37 million to 4.5 million. The judgment contains guidance on the calculation of the penalty in infringement cases and on the nature of the Tribunal's review of the OFT's decision in this regard.
