Skyscanner Ltd v CAT [2014] CAT 16 (26 September 2014)

Skyscanner Ltd v CAT [2014] CAT 16 (26 September 2014)

The OFT failed to properly consider and address Skyscanner's representations regarding the impact of the commitments on meta-search platforms and inter-brand competition, breaching its statutory duty to consider relevant representations and failing to conscientiously take them into account. This procedural...

Source-derived case information.

Citation
[2014] CAT 16
Parties
Appellant: Skyscanner Limited; Respondent: Competition and Markets Authority (CMA); Intervener (supporting Appellant): Skoosh International Ltd; Intervener (supporting Respondent): Booking.com B.V.; Intervener (supporting Respondent): Expedia, Inc.; Intervener (supporting Respondent): InterContinental Hotels Group Plc (IHG)
Jurisdiction
United Kingdom
Judgment Date
26 September 2014
Procedural Posture
Judicial Review (appeal Under Competition Act 1998, S.47(1)(c)) / Final Judgment
Outcome
appeal allowed; decision quashed
Legal Topics
Commitments Procedure, Judicial Review, Consultation Duties, Market Competition, Price Transparency, Online Travel Agents, Meta Search Platforms
Competition Law Administrative Law Commitments Procedure Judicial Review Consultation Duties Market Competition Price Transparency Online Travel Agents +1 more

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Parties

Skyscanner Limited

Appellant

Competition and Markets Authority (CMA)

Respondent

Skoosh International Ltd

Intervener (supporting Appellant)

Booking.com B.V.

Intervener (supporting Respondent)

Expedia, Inc.

Intervener (supporting Respondent)

InterContinental Hotels Group Plc (IHG)

Intervener (supporting Respondent)

Procedural Posture

Judicial Review (appeal Under Competition Act 1998, S.47(1)(c)) / Final Judgment

Legal Issues

  1. 1 Whether the OFT failed to take into account relevant considerations in accepting commitments (Ground 2)
  2. 2 Whether the OFT acted ultra vires by accepting commitments potentially harmful to competition (Ground 3)
  3. 3 Whether the OFT acted ultra vires by imposing requirements on third parties (Ground 1)

Ratio Decidendi

The OFT failed to properly consider and address Skyscanner's representations regarding the impact of the commitments on meta-search platforms and inter-brand competition, breaching its statutory duty to consider relevant representations and failing to conscientiously take them into account. This procedural impropriety rendered the decision unlawful and it must be quashed.

Court Disposition

appeal allowed; decision quashed

Orders

  • The OFT's decision to accept the commitments is quashed.
  • The matter is remitted for reconsideration in accordance with the judgment.