CTS Eventim AG v Competition Commission [2010] CAT 7 (11 February 2010)

The Tribunal found that the most efficient and sensible way to address concerns about procedural fairness was to quash the Commission's report and direct reconsideration, as agreed by all parties.

Citation: [2010] CAT 7
Parties: Applicant: CTS Eventim AG; Respondent: Competition Commission; Intervener: Live Nation Entertainment, Inc
Jurisdiction: United Kingdom
Judgment Date: 11 February 2010
Procedural Posture: Competition Appeal / Ruling on Application to Set Aside Decision
Outcome: Report quashed and matter referred back to the Competition Commission for reconsideration.
Legal Topics: Merger Control, Procedural Fairness, Judicial Review, Anticipated Mergers

Competition Law Administrative Law Merger Control Procedural Fairness Judicial Review Anticipated Mergers

Case Brief

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Parties

CTS Eventim AG

Applicant

Competition Commission

Respondent

Live Nation Entertainment, Inc

Intervener

Procedural Posture

Competition Appeal / Ruling on Application to Set Aside Decision

Legal Issues

1 Whether the Competition Commission denied CTS Eventim AG a fair hearing in its merger assessment
2 Whether the Commission erred in its substantive assessment of the merger

Ratio Decidendi

The Tribunal found that the most efficient and sensible way to address concerns about procedural fairness was to quash the Commission's report and direct reconsideration, as agreed by all parties.

Court Disposition

Report quashed and matter referred back to the Competition Commission for reconsideration.

Orders

The Competition Commission's report is quashed.
The matter is referred back to the Competition Commission for reconsideration and a new decision within three months.