Express Dairies has begun legal action in pursuit of £10.6m in damages against Safeway.
The action, which began in the High Court on March 14, comes after an Express Dairies complaint against the multiple was rejected by the OFT.
Express brought the complaint earlier this year under the code of practice, after losing its contract to supply 15% of Safeway's liquid milk. However, the complaint could not be pursued because the contract was signed in April 2001 and only contracts from November 2001 are covered by the code.
Safeway said it intended to vigorously defend the action.

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