Judgment on an appeal by Double Quick Supplyline Limited (DQS) and its parent company Precision Concepts Limited (PCL) against the amount of the penalty imposed on them in the OFT’s decision finding that they, together with other undertakings, had infringed the Chapter I prohibition of the Competition Act 1998 by being a party to an agreement and/or concerted practice designed to fix and/or maintain resale prices and share the market for the sale of aluminium spacer bars used in double glazing.
The Tribunal found that the OFT had been correct in concluding that DQS and PCL should be jointly and severally liable on the basis that they were a single economic entity.
The Tribunal held that, in all the circumstances of the case, the penalty imposed was appropriate and proportionate.
The Tribunal noted that where an undertaking is seeking to argue before the OFT that its penalty should be reduced (whether in respect of a leniency application, financial difficulty or otherwise) the onus is on the undertaking to provide to the OFT all relevant information and documents supporting
its plea. There is no obligation on the part of the OFT to seek production of such material.
The Tribunal unanimously dismissed the appeal.
