OFT v Somerfield and Gallaher [Archived]
OFT v Somerfield and Gallaher [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • OFT v Somerfield and Gallaher [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related cases


ARCHIVED–this archived case hub reflects the position at the date of the judgment of 7 April 2014; it is no longer maintained.

See further, timeline, commentary and related cases.

Case facts

Outline Appeal by OFT against the CAT’s ruling to allow Somerfield and Gallaher to lodge an appeal out of time against the OFT’s tobacco cartel decision. The Court of Appeal issued its judgment, allowing the OFT’s appeal, on 07/04/2014.

Parties • Office of Fair Trading (OFT)
• Somerfield Stores Limited and it's now parent company the Co-operative Group Food Limited (Somerfield was acquired by the Co-op during the course of the OFT's cartel investigation).
• Gallaher Group Limited and its subsidiary Gallaher Limited.

Background The OFT issued its infringement decision in the Tobacco cartel on 15 April 2010. Somerfield and Gallaher had settled with the OFT, admitting liability in return for a lower fine (the settlement was agreed in July 2008). The other defendants did not settle.

Following the OFT's cartel decision, a number of defendants (namely Imperial Tobacco, Asda, The Co-operative Group, Morrisons, Safeway and Shell) lodged appeals against the OFT's