The Court of Appeal found that the Tribunal's judgment in [2024] CAT 65 (the "Tribunal Judgment") was vitiated by procedural unfairness and should be set aside. The Court of Appeal also found that there was no basis upon which the Tribunal could remake the CMA's decision and that on that basis, the whole of the Tribunal Judgment must also be set aside.
The Court of Appeal found that the Tribunal was wrong to set aside the CMA's decision and that it found errors in the decision which, on a fair reading, the CMA did not make. The Court of Appeal concluded that in particular the Tribunal was wrong to find that the CMA predetermined the outcome of the decision making process and examined the evidence in a biased and selective way to confirm a pre-formed conclusion.
The Court of Appeal indicated that it would deal with the question of whether the CMA's Decision on the matter should be reinstated and any consequential issues as to penalties separately.
