Stagecoach Group Plc v Competition Commission [2010] CAT 14 (21 May 2010)

Stagecoach Group Plc v Competition Commission [2010] CAT 14 (21 May 2010)

The Commission did not err in law in its application of section 35 of the Enterprise Act 2002; its counterfactual analysis and rejection of the failing firm defence were rational and supported by evidence. The Commission's findings and remedy were not irrational or disproportionate.

Citation
[2010] CAT 14
Parties
Applicant: Stagecoach Group Plc; Respondent: Competition Commission
Jurisdiction
United Kingdom
Judgment Date
21 May 2010
Procedural Posture
Judicial Review (competition Appeal) / Final Judgment
Outcome
Application for review dismissed.
Legal Topics
Merger Control, Substantial Lessening of Competition, Counterfactual Analysis, Judicial Review, Failing Firm Defence
Competition Law Administrative Law Merger Control Substantial Lessening of Competition Counterfactual Analysis Judicial Review Failing Firm Defence

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Parties

Stagecoach Group Plc

Applicant

Competition Commission

Respondent

Procedural Posture

Judicial Review (competition Appeal) / Final Judgment

Legal Issues

  1. 1 Did the Competition Commission err in law in applying section 35 of the Enterprise Act 2002 regarding the relevant merger situation and substantial lessening of competition?
  2. 2 Was the Commission's choice of counterfactual irrational or unsupported by evidence?
  3. 3 Was the remedy imposed by the Commission disproportionate?

Ratio Decidendi

The Commission did not err in law in its application of section 35 of the Enterprise Act 2002; its counterfactual analysis and rejection of the failing firm defence were rational and supported by evidence. The Commission's findings and remedy were not irrational or disproportionate.

Court Disposition

Application for review dismissed.

Orders

  • No stay of the Commission's Decision granted.
  • Stagecoach to proceed with divestiture of reconfigured PBL business as per undertakings.