Competition Appeal Tribunal Sets Aside CMA’s First Antitrust Fine for Most Favoured Nation Clauses in its Compare the Market Decision

August 12, 2022

The UK Competition Appeal Tribunal (CAT) on 8 August 2022 set aside a £17.9 million fine against price comparison website Compare The Market, criticising the Competition and Markets Authority’s (CMA) legal and evidential assessment of the case. 

The CAT found that the CMA’s “anecdotal evidence” failed to prove that Compare The Market kept home insurance premiums artificially high by using most favoured nation clauses (MFNs) in its contracts with insurance providers.  The CMA has said it is disappointed with the CAT’s ruling and is considering its options, including a potential appeal.

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