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House of Lords rejects appeal in price fixing of toys and games and replica football kit cases

17/07 7 February 2007

The Appeal Committee of the House of Lords has refused to grant leave to appeal by three companies against an earlier Court of Appeal judgment in the toys and games and replica football kit price fixing cases.

In October 2006 the Court of Appeal found in favour of the OFT in three linked cases relating to price fixing in the toys and games market and in the supply of replica football kit. The Court dismissed in full both Argos and Littlewoods’ appeals against liability for their part in price fixing certain toys and games. Similarly it dismissed JJB Sports’ appeal against liability for their price fixing conduct in relation to replica football kit. The Court also dismissed the appeals by each appellant in relation to the amount of penalties each was respectively given by the Competition Appeal Tribunal. The three appellants then sought leave to appeal to the House of Lords.

The Appeal Committee of the House of Lords refused leave to appeal on the ground that none of the petitions raised an arguable point of law of general public importance. The Appeal Committee also refused leave on the ground that, in relation to the point of EC law raised in each of the applications, the provision in question had already been interpreted by the European Court of Justice.

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