23 August 2017: The CMA issued a decision to TGA Mobility Limited and 2DS & TGA Holdings Limited (together TGA), a mobility scooter supplier, to withdraw its limited immunity from financial penalty.
The CMA found that TGA entered into one or more agreements with 3 online retailers which prevented those retailers from advertising prices online or from advertising below specified prices online. These agreements were likely to infringe Chapter I CA98. TGA benefitted from immunity from financial penalty as the combined turnover of the parties to the agreements was no more than £20 million. TGA risks a penalty of up to 10% of its worldwide turnover if it restricts the freedom of retailers to advertise prices online in the future.
The agreements took place despite a warning to TGA in March 2013 from the Office of Fair Trading (one of the CMA’s predecessor bodies) of the unlawfulness of such behaviour and despite previous infringement decisions against other companies in this sector for similar behaviour.
11 April 2017: The Competition and Markets Authority (CMA) launched an investigation under Chapter I of the Competition Act 1998 (CA98) into suspected breaches of competition law in respect of the supply of mobility scooters online in the UK.
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