CTS Eventim AG v Competition Commission [2010] CAT 8 (18 February 2010)

CTS Eventim AG v Competition Commission [2010] CAT 8 (18 February 2010)

Eventim was the successful party as its application resulted in the agreed quashing of the Commission's decision; however, as some of the work done would have been necessary regardless and could be reused, Eventim is entitled to recover only seventy-five percent of its costs, to be assessed if not agreed.

Citation
[2010] CAT 8
Parties
Applicant: CTS Eventim AG; Respondent: Competition Commission; Intervener: Live Nation Entertainment, Inc
Jurisdiction
United Kingdom
Judgment Date
18 February 2010
Procedural Posture
Competition Appeal Tribunal Application for Review of Merger Decision / Costs Ruling Following Quashing of Decision and Remittal
Outcome
Costs order in favour of Eventim for seventy-five percent of its costs, to be assessed if not agreed.
Legal Topics
Merger Control, Costs Orders, Judicial Review, Procedural Fairness
Competition Law Administrative Law Merger Control Costs Orders Judicial Review Procedural Fairness

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Parties

CTS Eventim AG

Applicant

Competition Commission

Respondent

Live Nation Entertainment, Inc

Intervener

Procedural Posture

Competition Appeal Tribunal Application for Review of Merger Decision / Costs Ruling Following Quashing of Decision and Remittal

Legal Issues

  1. 1 Whether the successful applicant is entitled to a costs order after the respondent consents to quashing its decision
  2. 2 Whether any factors justify reducing or withholding costs from the successful party

Ratio Decidendi

Eventim was the successful party as its application resulted in the agreed quashing of the Commission's decision; however, as some of the work done would have been necessary regardless and could be reused, Eventim is entitled to recover only seventy-five percent of its costs, to be assessed if not agreed.

Court Disposition

Costs order in favour of Eventim for seventy-five percent of its costs, to be assessed if not agreed.

Orders

  • Commission to pay Eventim seventy-five percent of its costs of and occasioned by the application, such costs to be assessed if not agreed.