October 31, 2013

London Team Leads Keyfuels to Success in Anti-Trust Investigation Matter

The Office of Fair Trading announced on Oct. 31 that an investigation of FaegreBD client FleetCor/CH Jones (trading as "Keyfuels") has been closed with no grounds to take further action. Robert Campbell, Gary Laitner and Melanie Wadsworth, partners in the London office, advised Keyfuels on the matter.

Keyfuels is a leading UK fuel card and fuel management solutions provider for large heavy goods vehicle (HGV) fleets. The OFT investigated the company following a complaint it received that Keyfuels was engaging in exclusionary conduct, the objective of which was said to remove competition, including its main rival, from providing diesel bunker cards (direct bunkering cards and pay-as-you-go bunker cards) to lorry operators. The investigation commenced in February 2011, and nearly three years later, the matter has been closed.

Keyfuels fully cooperated to assist the OFT and provided all requested information. As a result, the OFT considered that it does not have sufficient evidence to demonstrate Keyfuels' dominance and decided to close its investigation with a formal finding that on the basis of the information in its possession there were no grounds to take action. Campbell, Laitner and Wadsworth worked with Keyfuels throughout the investigation.

"The Chapter II Investigation by the OFT has taken well over three years to complete and we are delighted with this positive outcome," said Peter Bridgen, managing director of Keyfuels. "It would not have been possible to present our case or defend our position in such a professional way without the terrific hands-on approach and guidance by the team at Faegre Baker Daniels. We owe our friends there a great debt of gratitude."

RBB Economics, the consultancy team of economists involved with the investigation, released a case study containing useful information about lessons and implications gleaned from the case. "Turning Round a Supertanker: the OFT's Abuse of Dominance Case Against CH Jones," was published in March 2014.  

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