Skyscanner versus Competition and Markets Authority
Competition Appeal Tribunal
Judgment of the Tribunal on an appeal brought by Skyscanner Limited (“Skyscanner”) under section 47(1)(c) of the Competition Act 1998 (the “Act”) against a decision of the Office of Fair Trading (the “OFT”) to accept commitments, pursuant to section 31A(2) of the Act, to remove certain discounting restrictions for online travel agents (the “Decision”). ...
The OFT failed to inform itself about the possible impact on price transparency of an obvious and clear restriction on disclosure of price information. In doing so, it failed to take account of a matter of which it ought to have taken account and acted as no reasonable authority should act. The Tribunal concluded that the Decision was therefore irrational. ...Skyscanner Limited v Competition and Markets Authority