The Competition Appeal Tribunal (CAT) has quashed the Competition Commission’s (CC) decision which cleared Ticketmaster’s merger with Live Nation and has referred it back to the CC for reconsideration. CTS Eventim (Eventim) appealed to the CAT to review the CC’s decision on the basis of a number of grounds including the allegation that it had been denied a fair hearing. Eventim argued that, following the CC’s reversal of its provisional findings which concluded that the merger would cause a substantial lessening of competition in the market for primary retailing of tickets for live music events, it should have been given a reasonable opportunity to respond to the CC’s final merger report. The CC conceded that Eventim’s challenge on the basis of procedural fairness was arguable and recognised that reconsidering the issue was a more efficient use of its resources than continuing with proceedings before the CAT. Consequently the CC has three months to reconsider its report. The CC’s pragmatic approach is similar to that adopted by the Office of Fair Trading in the CAMRA appeal (see here).