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1160/1/1/10 (1) Imperial Tobacco Group plc (2) Imperial Tobacco Limited v Office of Fair Trading

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Summary of appeal published 24 June 2010. By an Order dated 22 June 2010, the time for filing the defence was extended until further notice. On 16 August 2010 the Chairman made an Order establishing a confidentiality ring in these proceedings. On 30 September 2010, the Chairman handed down a ruling in relation to an application by Sainsbury’s Supermarkets Limited and J Sainsbury plc to intervene in these proceedings.

A joint case management conference was held on 18 October 2010 to deal with the proceedings involving Imperial Tobacco Group plc and another, Co-operative Group Limited, Wm Morrison Supermarkets plc, Safeway Stores Limited and another, and Asda Stores Limited and others (“the Tobacco appeals”). A ruling on disclosure was handed down on 27 October 2010.

A further joint case management conference took place on 8 April 2011 in respect of all the Tobacco appeals. On 10 May 2011, the Tribunal made an order granting each appellant permission to intervene in the other appeals. A further joint case management conference took place on 26 May 2011. The main hearing on liability began on 21 September 2011. The hearing was adjourned on 3 November 2011. At further hearings on 11, 17 and 18 November the Tribunal heard submissions from the parties regarding the future conduct of the appeals. The Tribunal’s Judgment was handed on 12 December 2011. By an Order dated 20 December 2011 the Tribunal extended time to request permission to appeal from the Judgment until 19 January 2012.

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