Office of Fair Trading
23 April 2008
54/08 22 April 2008
WM MORRISON SUPERMARKETS PLC: AN APOLOGY
On 20 September 2007 the OFT issued a press release at the same time as a
Statement of Objections against a number of large supermarkets and dairy
processors.
Morrisons was one of the supermarkets included in the Statement of Objections.
However, the press release incorrectly suggested that:
1. Morrisons was the subject of a provisional OFT finding of infringement in
relation to milk, cheese and butter over a two year period (2002 and 2003), and
that
2. Morrisons had previously been warned by the OFT against anti-competitive
behaviour.
In fact, the OFT has not made any provisional finding of infringement against
Morrisons in relation to the supply of butter and cheese. Nor has Morrisons been
accused of any price fixing activity after 2002. The only allegation relating to
Morrisons relates to liquid milk products in 2002. In addition, the OFT accepts
that Morrisons had not received a warning from the OFT.
The OFT regrets that the press release contained these serious errors, and
wishes to apologise sincerely to Morrisons for their publication.
The OFT was and is in no position to decide whether there has been a breach of
the law until it has considered the responses to the Statement of Objections,
including those from Morrisons.
The press release also contained a quotation from Sean Williams of the OFT. The
OFT wishes to make clear that nothing in Mr Williams' quoted remarks was
intended to suggest that the OFT, or anyone within the OFT, had concluded that
Morrisons was guilty, or would necessarily be found guilty, of price-fixing in
relation to the supply of certain liquid milk products in 2002. The OFT has not,
and had not at any earlier stage, reached any such conclusion. Nor has the OFT
reached any conclusion that Morrisons acted in a manner which it knew to be
anti-competitive.
The OFT regrets any misunderstanding arising from the quoted remarks. It wishes
to reassure Morrisons that it remains entirely open-minded about its provisional
findings pending its consideration of representations from Morrisons and the
totality of the evidence.
The OFT has agreed to pay Morrisons £100,000 in settlement of the defamation
action brought by Morrisons, and to pay Morrisons' costs in relation to both the
judicial review and defamation actions launched by Morrisons following the press
release. The OFT is committed to completing the investigation as soon as
possible.
MEDIA enquiries: 020 7211+
Corinne Gladstone 8899 Alex Hunter 8900
Jonathan Marciano 8898 Nnenna Oleforo 8898
Kasia Reardon 8901
Out of hours: mobile: 07774 134814 fax messages: 020 7211 8961
Copies of press notices: Ext. 8993
http://www.oft.gov.uk
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