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UK competition update: CAT refuses Sports Direct Newcastle United kit injunction; rejects Apple jurisdiction strike-out; CMA probes TGS/PGS, sets Vodafone/CK Hutchison timetable; SAU assesses Green Volt subsidy

Published on: 12 April 2024

Published by a LexisNexis Competition expert
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Private actions CAT dismisses Sports Direct’s application for interim injunction regarding Newcastle United replica kit

The CAT handed down its decision in SportsDirect.com Retail Limited v (1) Newcastle United Football Company Limited and (2) Newcastle United Limited, addressing Sports Direct’s request for an interim injunction compelling Newcastle United Football Club to supply it with replica kit for the 2024/25 season. Sports Direct maintained that the club was dominant in the provision of Newcastle replica kit and that declining to supply Sports Direct constituted an abuse of that dominance; in the alternative, it argued that exclusivity arrangements entered into with JD Sports were anti-competitive and therefore unlawful. It also contended that, without stock of the replica kit for the 2024/5 season, it would suffer loss that could not be adequately compensated in damages. The CAT examined whether Sports Direct had shown a ‘serious issue to be tried’. It concluded that it had not. Even assuming dominance, it was not arguable that terminating an existing supply relationship, by itself and without further factors, amounted to an abuse...

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