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The Office of Fair Trading will not pursue an investigation into the exclusive deal between W H Smith Travel and Penguin, despite admitting those with concerns held a "substantive view".
In a letter received by The British Guild of Travel Writers which made a complaint to the OFT after The Bookseller revealed the deal, Helen Cameron, who conducts preliminary investigations at the OFT, said: "We do not consider it appropriate to make further enquiries into this matter. This is an administrative priority decision. It does not reflect a substantive view on the merits of your complaint."
Cameron explained: "Substantial work would be required to commence an investigation under the Act. In order to do so, the OFT would need to divert resources from other matters which it believes have greater priority."
Melissa Shales, chairman of the BGTW, said she was "deeply disappointed" by the decision taken by the OFT. "The whole point of our case is that major corporations are riding roughshod over the smaller players," she said. "For the government authorities then to turn around and say that they will not investigate the small claims because they are not big enough is a double blow.
"A decision in favour of The British Guild of Travel Writers could have set a precedent that may have stopped other similar deals. The enormously positive response we had to our earlier press statements show that the public is solidly behind our campaign to ensure proper consumer choice."
The deal, which commenced earlier this year means that W H Smith Travel outlets will only stock Penguin (Rough Guides, DK and Alistair Sawday) foreign travel guides.