Skyscanner Limited v Competition and Markets Authority

17 Oct 2014

First CAT judgment on “commitments” to the CMA in response to a statement of objections that a practice restricted competition

Daisy Mackersie

In its judgment of 26 September 2014, the Competition Appeals Tribunal considered the lawfulness of a decision by the Competition and Markets Authority to accept commitments under section 31A of the Competition Act 1998. The CAT emphasised that they would give the CMA a large margin of appreciation in cases of this kind, acknowledging that overly-intrusive judicial oversight would not be appropriate in an area in which the CMA is required to exercise judgment. Despite this, the CAT remitted the case to the CMA for further consideration, deciding in favour of the appellant in relation to two of its three grounds of challenge.

Please click here to view the full Skyscanner Limited v Competition and Markets Authority case note.