This Transcript has not been proof read or corrected. It is a working tool for the Tribunal for use in preparing its judgment. It will be placed on the Tribunal Website for readers to see how matters were conducted at the public hearing of these proceedings and is not to be relied on or cited in the context of any other proceedings. The Tribunal’s judgment in this matter will be the final and definitive record. IN THE COMPETITION APPEAL TRIBUNAL Case No. 1160-65/1/1/10 Victoria House, Bloomsbury Place, London WC1A 2EB 11 October 2011 Before: VIVIEN ROSE (Chairman) DR ADAM SCOTT OBE TD DAVID SUMMERS OBE Sitting as a Tribunal in England and Wales BETWEEN: (1) IMPERIAL TOBACCO GROUP PLC (2) IMPERIAL TOBACCO LIMITED Appellants – v – OFFICE OF FAIR TRADING Respondent CO-OPERATIVE GROUP LIMITED Appellant – v – OFFICE OF FAIR TRADING Respondent WM MORRISON SUPERMARKET PLC Appellant – v – OFFICE OF FAIR TRADING Respondent (1) SAFEWAY STORES LIMITED (2) SAFEWAY LIMITED Appellants – v – OFFICE OF FAIR TRADING Respondent (1) ASDA STORES LIMITED (2) ASDA GROUP LIMITED (3) WAL-MART STORES (UK) LIMITED (4) BROADSTREET GREAT WILSON EUROPE LIMITED Appellants – v – OFFICE OF FAIR TRADING Respondent (1) SHELL UK LIMITED (2) SHELL UK OIL PRODUCTS LIMITED (3) SHELL HOLDINGS (UK) LIMITED Appellants – v – OFFICE OF FAIR TRADING Respondent _________ Transcribed using LiveNote by Opus 2 International 1 Bell Yard, London, WC2A 2JR Tel: +44 (0)20 3008 5900
[email protected] _________ HEARING (DAY 12) Note: Excisions in this transcript marked “[…][C]” relate to passages excluded. APPEARANCES Mr Mark Howard QC, Mr Mark Brealey QC and Mr Tony Singla (instructed by Ashurst LLP) appeared on behalf of the Appellants Imperial Tobacco Group Plc and Imperial Tobacco Ltd.