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OFT issues supplementary Rule 14 Notice to Hasbro, Argos and Littlewoods

12 September 2003

The OFT has sent a Supplementary Rule 14 Notice to Hasbro, Argos and Littlewoods detailing further evidence it proposes to rely on in support of its finding of a breach of competition law.

The OFT found in February 2003 that Hasbro, Argos and Littlewoods had infringed the Competition Act 1998 by fixing the price of toys (see PN 18/03). Argos and Littlewoods have appealed the decision. At a hearing on 30 July 2003 the Competition Appeal Tribunal (CAT) ruled that the OFT should submit three witness statements, which the OFT intends to rely on as evidence in support of its decision, to the parties for them to make representations on in accordance with the Rule 14 procedure.

The CAT did not set aside the OFT's decision that the parties had infringed the Competition Act. The Tribunal took the view that the statements should not be excluded from the appeal, taking into account the public interest in the appeal proceeding on the basis that the Tribunal can see the full picture.

The OFT will issue any amended decision by 14 November 2003.

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