The application for an appeal hearing is the first from the food industry under the new procedure set down in the Enterprise Act, 2000.
The appeal challenges the OFT’s recent insistence that the one-stop (superstore) and top-up (convenience) shopping markets are distinct, said FWD director general Alan Toft.
He added: “We are saying that the triggers for review of bids by the Competition Commission are meaningless and can easily be shrugged off by the giants.
“We had to take this opportunity of presenting our case to a fresh audience. The tribunal is completely independent of the regulators. We’ll see what happens.”