Frasers Group loses appeal against NUFC regarding replica kits
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Business
In the latest development of Sports Direct against Newcastle United Football Club (NUFC), the Frasers Group-owned retailer has failed in its bid to appeal a decision made regarding the supply of the football club’s replica kit.
Sports Direct had requested for the UK’s Court of Appeal to reassess the Competition Appeal Tribunal’s decision to not move forward with an injunction that would have required NUFC to supply the retailer with its replica football kit.
While the sportswear company had argued that NUFC’s exclusive sales arrangement with JD Sports Fashion had “unlawfully” excluded Sports Direct from the market, three Court of Appeal judges dismissed its appeal.
The tribunal had rejected the request back in April when Sports Direct had alleged that the club had “abused its dominant position in the market” by refusing to allow it to sell the 2024/25 season replica kits.
At the time, the tribunal had said that Sports Direct was unable to “show there is a serious issue to be tried”, so no interim action was to be taken.
The production and distribution of replica kits for NUFC had previously been licensed to the club’s former partner Castore, which had supplied Sports Direct with such products.
However, following the termination of its contract with Castore, NUFC initiated a new deal with Adidas in September last year.
The agreement gave the sportswear giant certain distribution and retail rights but maintained the club’s exclusive right to direct wholesale distribution in the UK.