No. CA98/5/2001
This decision was appealed to the Competition Appeal Tribunal on 17 September 2001. On 19 March 2002 the Competition Appeal Tribunal set aside the OFT's decision and remitted the matter to the OFT for further consideration. For further details see Competition Appeal Tribunal website.
The OFT made a further decision in relation to this case on 29 September 2002. For further details see Public Register of CA98 decisions. This decision replaces the OFT's previous decision dated 16 July 2001. This later decision was appealed to the Competition Appeal Tribunal on 18 November 2002. On 23 June 2003 the Competition Appeal Tribunal upheld the OFT's decision on liability. For further details see Competition Appeal Tribunal website.
16 July 2001
The Director General of Fair Trading (the Director) has made a decision that Aberdeen Journals has abused a dominant position by predating against its only rival, the Aberdeen & District Independent. Aberdeen Journals is owned by Northcliffe Newspapers Group Ltd, itself part of the Daily Mail & General Trust group.
The Director found that Aberdeen Journals was dominant in the market for the supply of advertising space in local newspapers (paid-for and free) within the Aberdeen area. Further, it deliberately incurred losses on its free newspaper the Herald & Post in an attempt to expel the Aberdeen & District Independent, its only rival in the relevant market. Aberdeen Journals has therefore infringed the Chapter II prohibition by predating. The Director has imposed a penalty of £1,328,040.
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