Sports Direct has failed in its bid to secure a Court of Appeal ruling over a dispute with Newcastle United concerning the football club’s exclusive kit supply deal with JD Sports for the 2024/25 Premier League season. The Frasers Group-owned retailer sought a temporary court order to force Newcastle United to supply it with replica kits, but the Competition Appeal Tribunal (CAT) has dismissed the claim.
The tribunal highlighted that continuing to obligate new kit maker Adidas and Newcastle United to supply Sports Direct would “be a significant fetter on competition.” Despite Sports Direct’s arguments that the club’s agreement with JD Sports was “an unlawful anti-competitive agreement,” the request for an interim injunction was rejected by a panel of three judges.
Sir Geoffrey Vos, accompanied by Sir Julian Flaux and Lady Justice Andrews, ruled that, although the CAT had erred in determining there was no serious case to be tried, it was correct in not granting the injunction. Sir Geoffrey stated: “The tribunal was right to think that, though damages would not be an adequate remedy for either side, the balance of convenience favored refusing interim relief and ordering a speedy trial.” He emphasized that the potential damage to Newcastle United from an erroneously granted injunction would be more severe than the harm to Sports Direct from missing one or two seasons of kit supply.
