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The CAT has delivered its judgment on Skyscanner Limited’s appeal, challenging the OFT’s decision to accept binding commitments that addressed competition concerns regarding online offering of room-only hotel accommodation bookings by online travel agents.
Although the CAT dismissed claims that in accepting the commitments the OFT had acted ultra vires and contrary to the policy of the Competition Act, it did find that the OFT had failed to consider adequately Skyscanner's objections to the proposed commitments.
In failing to investigate a plausible point, the CAT considered that the OFT had acted unfairly and unreasonably. Accordingly, the process by which the OFT thereafter reached its decision was procedurally improper. The CAT has therefore annulled the OFT's decision and remitted the case back to the CMA.
This article was written by Paul Stone.
For more information please contact Paul on +44 (0)20 7203 5110 or firstname.lastname@example.org.