Legal Updates

On 16 May 2018, the UK Supreme Court held that the UK's Office of Fair Trading (the "OFT") was entitled to refuse to repay financial penalties imposed on Gallaher and Somerfield (the "Respondents"), who had entered into early resolution agreements ("ERAs") with the OFT in respect of its tobacco investigation, in circumstances where it had repaid a penalty to another party that had settled, following the successful appeal of the OFT's decision by other parties.  The decision not to repay the penalties imposed on the Respondents was not vitiated by the OFT having respected an assurance mistakenly given a different party to an ERA that it would repay the penalty in the event of a successful appeal.

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