An analysis of Sports Direct’s failed injunction against Newcastle’s replica kit supply deal

On 12 April 2024, the Competition Appeal Tribunal (CAT - a specialist UK tribunal constituted to hear competition law cases) refused to grant apparel retailer Sports Direct an interim injunction requiring Newcastle United FC to supply it with replica kit. The ruling (available here) means that Newcastle United’s decision to supply replica kit to only one (rival) retailer, JD Sports, will stand until final judgment at trial (or further order).1

This article explains the background to the dispute and the CAT’s assessment of the merits of Sports Direct’s interim injunction application. It then provides some key learning points on competition law claims for in house lawyers:

• Background to the dispute
• Legal basis for the interim injunction (Sport Direct’s allegations)
• The merits of the application
  • The legal test for granting an interim injunction
  • The definition of “replica kit” and the size of the marke
  • The Chapter II Infringement Allegation – was Newcastle United abusing a dominant position?
  • The Chapter I Infringement Allegation – prevention, restriction or distortion of competition?
• Key points on competition claims for in-house lawyers