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Injunction 'a spanner in the works', says tribunal

Document Cited in Related
Vincent
Published date17 April 2024
Publication titleJournal, The
That is the verdict of a Competitions Appeal Tribunal (CAT) panel after the retailer's request for an injunction to prevent Newcastle selling their new Adidas kits through rival JD Sports was rejected. Sir Marcus Smith, the CAT president, and fellow panellists Carole Begent and Dr William Bishop unanimously refused the application for 'interim injunctive relief'

The tribunal ruled that an interim injunction, if granted, would throw "a substantial spanner" in the "delicate and complex" restructuring of Newcastle's replica kit business after the Magpies terminated their deal with Castore to team up with Adidas this summer.

In the written judgement, the panel went on to say that the revenues anticipated from the venture, over time, were likely to be "considerable" and that Newcastle were "right to be concerned at the significant disruption that would occur" were a temporary injunction granted.

"Sports Direct pleads that it 'had every expectation that this supply would continue from Castore, or any successor'... we consider that there was no reasonable or legitimate expectation on the part of Sports Direct of continuity of supply from Castore," an...

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