23 October 2014
Skyscanner Limited v Competition and Markets Authority [2014] CAT 16, [2014] All ER (D) 187 (Sep)
The appellant price comparison website appealed against the Office of Fair Trading’s (OFT) decision, accepting commitments from intervening companies in the hotel industry to modify their behaviour by limited discounting of room-only rates to closed groups. The Competition Appeal Tribunal, in allowing the appeal, held that the OFT had acted unfairly in failing to consider the appellant’s objections, which had resulted in a procedurally unfair and irrational decision. However, it was not ultra vires for the OFT to accept commitments which affected the terms upon which the parties to those commitments might contract with third parties.
