United Kingdom Competition Appeals Tribunal

Summary of claim published on 21 March 2024. By an Order of the President of the same date, the deadline for any intervention requests is 4pm on 3 April 2024.

A hearing of the Claimant’s injunction application was held on 9 April 2024. On 12 April 2024, the Tribunal issued a ruling unanimously rejecting the application. Sports Direct applied to the Tribunal for permission to appeal the decision on 16 April 2024 and, on 19 April 2024, the Tribunal issued a ruling refusing permission to appeal. The Claimant renewed its application for permission to appeal before the Court of Appeal, and appealed the Tribunal's ruling.

On 1 May 2024, the First and Second Defendants applied to join JD Sports Fashion plc as a co-defendant pursuant to Rule 38 of the Tribunal Rules. By order of the President dated 1 May 2024, JD Sports were added a co-defendant, with liberty to apply. JD applied to set aside the order although the application was withdrawn on 21 May 2024.

On 17 May 2024, the Court of Appeal issued its ruling upholding the Tribunal's injunction decision, finding that the Tribunal had erred in concluding that there was no serious issue to be tried, but that it was right to dismiss the application on the balance of convenience. Sports Direct have been granted permission to appeal the decision.