Ruling on the appellant’s application that the matter be remitted forthwith to the OFT.
The appellant contended that the OFT’s decision should be remitted because it did not take into account the fact that Double Quick Supplyline Limited (as a limited company) came into existence only in 2001 and that it had been fined for activities that had taken place before its incorporation. The OFT submitted that it was content to rely only on the material n the decision and on no other evidence, and did not intend to adduce any additional evidence. The Tribunal was therefore not persuaded that it was appropriate to remit the matter at that time.
Following consideration of further written representations from the parties, the Tribunal subsequently made a consent order on 19 May 2005, bringing the appeal proceedings to an end. By consent, the Tribunal reduced the penalty imposed on the appellant from £109,000 to £36,210. This reduction took account of the fact that the OFT no longer contested the appellant’s case that it was involved in an infringement of the Chapter I prohibition for a shorter period than that found in the OFT’s decision.
