Judgment on an appeal brought by Richard W. Price (Roofing Contractors) Limited (“Price”) against a decision of the OFT finding that various undertakings, including Price, 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 Price’s appeal as to liability but allowed the appeal in so far as it reduced the amount of penalty imposed by Price from £18,000 to £9,000, on the grounds that the principle of equal treatment was not applied by the OFT when setting the penalty.