Tribunal overturns CMA Most Favoured Nation clauses ruling and £17.9m Compare The Market fine
A Competition Appeal Tribunal has overturned a decision by the Competition and Markets Authority which was set to fine Compare the Market £17.9m for breaking competition rules on use of Most Favoured Nation clauses.
The CAT unanimously agreed with all the challenges to the decision outlined by Compare The Market and, as such, elected to set aside the original ruling.
The tribunal noted there were a number of grounds for overturning the 2020 decision. It found the decision to be “materially wrong” in relation to how the CMA arrived at a market definition and it also failed to establish that wMFNs [Wide Most Favoured Nation Clauses] had the anti-competitive effects articulated in its decision.
The CAT
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