Judgment on an appeal brought by Apex Asphalt and Paving Co Limited (“Apex”) against a decision of the OFT finding that various undertakings, including Apex, had entered into various discrete concerted practices contrary to the Chapter I prohibition contained in section 2 of the Competition Act 1998 in relation to the making of tender bids for flat roofing contracts in the West Midlands.
The Tribunal dismissed the appeal. The judgment contains discussion of certain procedural rights enjoyed by undertakings suspected of having committed infringements of the Chapter I or II prohibitions, and of the law relating to concerted practices.