In R (oao Gallaher and others) v CMA [2018] UKSC 25, handed down last week, the Supreme Court has clarified that substantive unfairness is not an established ground of judicial review and that likewise there is no “distinct principle” of equal treatment. Case background In March 2003, the Office of Fair Trading (“OFT“) (a predecessor of the Competition and Markets Authority) launched an investigation into alleged price-fixing arrangements in the tobacco industry. In April… Continue Reading