R (Sainsbury’s Supermarkets) v Independent Reviewer of Advertising Standards Authority Adjudications (Tesco Stores Ltd intervening)

Sainsbury’s challenged the decision of the ASA’s Independent Reviewer of Advertising Standards Adjudications, Sir Hayden Phillips, to refuse Sainsbury’s complaint against Tesco’s “Price Promise” price matching scheme.
 
Sainsbury’s had argued that by matching some products which were ethically or environmentally accredited (such as Fairtrade or MSC) with products that are not, Tesco’s Price Promise breached EU law and the CAP Code.
 
Mr Justice Wilkie rejected Sainsbury’s challenge, holding that the Independent Reviewer’s decision was not unlawful and that such products could, in principle (but always subject to an individual assessment), be compared with one another if they met the same needs and purpose.

The full judgment can be read here:
http://www.bailii.org/ew/cases/EWHC/Admin/2014/3680.html
 
Tom de la Mare QC and Iain Steele acted for Sainsbury’s. 
Tom Hickman acted for the Independent Reviewer.