Overview

The UK’s Court of Appeal has reversed the decision of the Competition Appeal Tribunal which quashed, on the ground of apparent bias, the decisions, findings and reasoning contained in the Competition Commission's report into the common ownership of airports by BAA.

The judgment addresses two important issues. First, when an outside interest by a decision maker will be sufficient to create an apparent bias that makes the decision unlawful. Second, whether the apparent bias of one member of a decision-making body will contaminate the deliberations of the other members and so compromise the decision of the body as a whole.

In both respects, the court took a much more pragmatic approach than the CAT, significantly raising the bar for BAA and future claimants seeking to have a decision quashed on the grounds of apparent bias. This analysis from Wragge & Co has more.