Thank you for your recent email to the Office of Fair Trading (OFT) dated 26th October 2006.
If it is suspected that a price-fixing agreement exists, the Office of Fair Trading has power to investigate. However, the Act requires that a certain level of evidence suggestive that an infringement has occurred must be obtained before a formal process of investigation may begin. An allegation by an individual is not in itself sufficient.
Similar or the same prices can often result from practices such as price-leadership whereby a number of companies supplying the same products independently choose to match the prices charged by one or other of the suppliers of the product; Unlike price-fixing which involves a restrictive agreement, price leadership as a result of voluntary and independent commercial decision making is not unlawful. Although identical prices might seem to suggest that companies are coming together to agree on the prices of their products, this is not necessarily the case and some form of evidence to suggest that the pricing behaviour of the companies is as a result of some form of agreement is required before formal action can be taken under the Act.
Retailers are free to set prices based on their own independent commercial decisions. We encourage consumers to 'shop around' for the best deals, whenever practicable, since prices do normally vary from shop to shop and place to place.