Competition Appeal Tribunal

The Competition Appeal Tribunal (CAT) of the United Kingdom was created by Section 12 and Schedule 2 to the Enterprise Act 2002 which came into force on 1 April 2003. The Competition Service is an executive non-departmental public body which was created as a support body for the Competition Appeal Tribunal.

Functions

The current functions of the CAT are:

  • To hear appeals on the merits in respect of decisions made under the Competition Act 1998 by the Competition and Markets Authority (CMA) and the regulators in the telecommunications, electricity, gas, water, railways and air traffic services sectors.
  • To hear actions for damages and other monetary claims under the Competition Act 1998.
  • To review decisions made by the Secretary of State, CMA and the Competition Commission in respect of merger and market references or possible references under the Enterprise Act 2002.
  • To hear appeals against certain decisions made by Ofcom and the Secretary of State relating to the exercise by Ofcom of its functions under Part 2 (networks, services and the radio spectrum) and sections 290 to 294 and Schedule 11 (networking arrangements for Channel 3) of the Communications Act 2003.
  • To hear appeals in respect of decisions made by the CMA under the EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001 (as amended).

Cases

Online Hotel Booking

In March 2014, the price comparison site, Skyscanner, brought a case to the Competition Appeal Tribunal (CAT),[1] challenging a January 2014 decision by the UK’s antitrust authority – then known as the Office of Fair Trading (OFT) – to settle a probe over pricing of hotel rooms online. The OFT's decision had been to accept commitments from a number of online travel agents (OTAs) and InterContinental Hotels Group (IHG).[2] Skyscanner appealed against the OFT's successor, the Competition and Markets Authority (CMA), because it believed its business would be affected by the settlement, even though it wasn't targeted by the investigation. Skyscanner's case was supported by a smaller online travel agent, Skoosh, which had triggered the OFT's original investigation.[3] In a judgement handed down in September 2014, the Competition Appeal Tribunal quashed the Office of Fair Trading's decision to accept commitments in the online hotel booking sector and the matter was reverted to the CMA for reconsideration.[4]

References
  1. "Archived copy". Archived from the original on 10 August 2017. Retrieved 16 June 2014.CS1 maint: archived copy as title (link)
  2. "Practical Law". uk.practicallaw.com. Retrieved 8 February 2016.
  3. correspondent, Simon Gompertz Personal finance; News, B. B. C. "OFT launches investigation into online hotel room sales". BBC News. Retrieved 8 February 2016.
  4. Jones, Tristan. "Skyscanner: CAT quashes commitments in the online booking sector". Competition Bulletin. Retrieved 8 February 2016.
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