Property sales and lettings investigation
| Case Outcome | CA98 - infringement Chapter I |
| Decision Date | 29 October 2015 |
| Date | 29 October 2015 |
| Subject Matter | CA98 and civil cartels |
| Court | Competition and Markets Authority (EW) |
'HFLVLRQRIWKH&RPSHWLWLRQDQG
0DUNHWV$XWKRULW\
5HVWULFWLYHDUUDQJHPHQWVSUHYHQWLQJ
HVWDWHDQGOHWWLQJVDJHQWVIURPDGYHUWLVLQJ
WKHLUIHHVLQDORFDOQHZVSDSHU
&DVH&(
0D\
Case CE/9827/13
2
8 May 2015
© Crown copyright 2015
You may reuse this information (not including logos) free of charge in any format or
medium, under the terms of the Open Government Licence.
To view this licence, visit www.nationalarchives.gov.uk/doc/open-government-
licence/ or write to the Information Policy Team, The National Archives, Kew, London
TW9 4DU, or email: psi@nationalarchives.gsi.gov.uk.
Confidential information in the original version of this Decision has been redacted from
the published version on the public register. Redacted confidential information in the
text of the published version of the Decision is denoted by [].
The names of individuals mentioned in the description of the infringement in the
original version of this Decision have been removed from the published version on the
public register. Names have been replaced by a general descriptor of the individual's
role.
3
CONTENTS PAGE
1
INTRODUCTION
5
A
General
5
B
Summary of the relevant facts
6
C
Summary of the Infringement
7
D
Summary of relevant market, economic context and the CMA’s
competition concerns
8
2
GLOSSARY
12
3
BACKGROUND
16
A
Three Counties
16
B
Waterfords
17
C
Castles
17
D
Hamptons International and Countrywide
17
E
The Trinity Mirror group and the Star Courier
18
F
Summary of the OFT/CMA’s formal investigation
20
4
RELEVANT FACTS
22
A
The formation of Three Counties and its relationship with Star
Courier
22
B
The development of the T&CM and the inclusion of the Prohibition
on Advertising Fees
24
C
Members’ agreement or acquiescence to Rule 21
45
D
Enforcement of Rule 21
51
E
Developments since January 2014
83
5
LEGAL ASSESSMENT
84
A
Introduction
84
B
Undertakings and associations of undertakings
84
C
Agreements between undertakings, concerted practices and
decisions by associations of undertakings
86
D
Object or effect of preventing, restricting or distorting competition
112
E
Appreciability
131
F
Application of Article 101 TFEU: Effect on trade between EU
member states
132
G
Effect on trade within the UK
132
H
Exclusion or exemption
133
I
Conclusion on the application of the Chapter I prohibition
133
6
THE CMA’S ACTION
135
A
Directions
135
B
Financial Penalties
135
ANNEX A
LEGAL FRAMEWORK
159
A
Introduction
159
B
The Chapter I prohibition
159
C
Application of section 60 of the Act – consistency with EU law
159
D
Undertakings and the attribution of liability
160
E
Coordination between undertakings
165
F
Single continuous infringement
171
G
Prevention, restriction or distortion of competition
173
To continue reading
Request your trial