The move comes ahead of a separate action from the Competition Commission designed to improve the grocery sector, which is expected tomorrow.
The OFT confirmed to the Financial Times that Morrisons had sought leave to apply for a judicial review, but declined to comment further. The move follows Morrisons’ attempt to use libel laws to sue the OFT over a press release last September, which set out the provisional findings into the alleged milk cartel.
The claim, lodged last month, accuses the OFT of libel as a “direct, intended and foreseeable consequence of the publication” of the press release, which it says was subsequently cited in at least 50 broadcasts and printed articles.
When the OFT’s allegations were published, Morrisons chairman Sir Ken Morrison said: “We believe Morrisons has never been involved in any of the activities which the industry stands accused of.”