Judgment on the admissibility of an appeal by Pernod-Ricard SA (“Pernod”) against the OFT’s decision to close its file in relation to a complaint by Prenod as to an alleged abuse of a dominant position by Bacardi-Martini Limited (“Barcardi”) in relation to the supply of light rum for on-sale in the UK, following receipt of voluntary assurances from Bacardi acceptable to the OFT.
The Tribunal held that the appeal was admissible. It found that the OFT had taken a decision that the Chapter II prohibition contained in section 18 of the Competition Act 1998 was not infringed and would not be infringed as long as the assurances were observed. The Tribunal also found that the OFT should have provided to Pernod a non-confidential version of the Rule 14 notice and given Pernod an opportunity to submit observations before deciding to close its file on the complaint.
