Stagecoach Group Plc v Competition Commission [2010] CAT 1 (22 January 2010)

Stagecoach Group Plc v Competition Commission [2010] CAT 1 (22 January 2010)

Stagecoach is a person aggrieved by the Commission's decision because the adverse findings and proposed undertakings materially affect its interests and bargaining position in the sale of the PBL business, regardless of its willingness to proceed with divestment. The appeal is not moot, and there are valid grounds of appeal. The Tribunal's case management powers do not extend to striking out such an appeal.

Citation
[2010] CAT 1
Parties
Applicant: Stagecoach Group Plc; Respondent: Competition Commission
Jurisdiction
United Kingdom
Judgment Date
22 January 2010
Procedural Posture
Competition Appeal / Ruling on Application to Reject Notice of Application
Outcome
Application to reject the Notice of Application dismissed
Legal Topics
Merger Control, Standing (person Aggrieved), Interim Undertakings, Divestiture Remedies, Case Management Powers
Competition Law Merger Control Standing (person Aggrieved) Interim Undertakings Divestiture Remedies Case Management Powers

Case Brief

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Parties

Stagecoach Group Plc

Applicant

Competition Commission

Respondent

Procedural Posture

Competition Appeal / Ruling on Application to Reject Notice of Application

Legal Issues

  1. 1 Whether Stagecoach is a 'person aggrieved' under section 120(1) of the Enterprise Act 2002 and Rule 28(4) of the Competition Appeal Tribunal Rules 2003
  2. 2 Whether the appeal is moot because Stagecoach intends to comply with the divestiture remedy
  3. 3 Whether there are valid grounds of appeal under Rule 10(1)(a)

Ratio Decidendi

Stagecoach is a person aggrieved by the Commission's decision because the adverse findings and proposed undertakings materially affect its interests and bargaining position in the sale of the PBL business, regardless of its willingness to proceed with divestment. The appeal is not moot, and there are valid grounds of appeal. The Tribunal's case management powers do not extend to striking out such an appeal.

Court Disposition

Application to reject the Notice of Application dismissed

Orders

  • The Commission's application to reject the Notice of Application is unanimously dismissed.