| 11 March 2010
Following the Competition Appeal Tribunal’s decision to quash the decisions in the CC’s report concerning the common ownership of airports, the CC has formally released BAA from the Interim Undertakings accepted by the CC on 15 May 2009, in so far as they relate to the CC’s decisions about common ownership.
The CC has applied to the Court of Appeal for leave to appeal against the Tribunal’s findings in relation to apparent bias.
25 February 2010
The Competition Appeal Tribunal refused requests from the CC and Ryanair for permission to appeal against the Tribunal’s judgement of 21 December 2009. The Tribunal made an Order quashing the decisions in the CC’s Report that relate to the common ownership of airports and remitting these matters back to the CC for reconsideration. The Order will come into effect only when the question of any further application for permission to appeal, or any actual appeal, has been determined. The Tribunal ruled that findings in the Report relating to Aberdeen airport, Heathrow airport’s position as a hub, the planning system, government policy and the regulatory system can stand.
21 December 2009
The Competition Appeal Tribunal handed down its judgement. Its unanimous decisions are that BAA’s application for review of the CC’s Report succeeds on ground 1 (namely, apparent bias), but fails on ground 2 (namely, that the CC failed properly to apply the proportionality principles when fixing the timetable for divestiture of three BAA airports). The Tribunal will hear further argument on the scope of relief to be granted, unless the parties reach agreement beforehand. The CC is studying the judgment carefully and considering its implications and whether there are any grounds for an appeal.
5 November 2009
The CC accepted final purchaser undertakings from Global Infrastructure Partners following the statutory period of public consultation. The CC has issued a notice of consent to the disposal of Gatwick Airport.
21 October 2009
BAA has announced the sale of Gatwick Airport to an entity controlled by Global Infrastructure Partners (GIP). The CC has given its interim consent to the sale. Completion of the sale is subject to EC merger regulation clearance and the CC issuing a final notice of consent.
The CC has accepted interim purchaser undertakings from GIP and is consulting publicly on draft final purchaser undertakings that would prevent the onward sale of the airport within a given period unless the CC is satisfied that the same criteria required on the initial divestiture are fulfilled by the new purchaser. The closing date for comments on the draft final undertakings is 4 November 2009.
24 September 2009
The CC is consulting publicly on draft undertakings requiring, inter alia, BAA to consult at least annually with airport users and other relevant stakeholders at Aberdeen Airport regarding its expected capital expenditure programme. Comments are invited by 8 October 2009.
18 May 2009
BAA has applied to the Competition Appeal Tribunal to review the Competition Commission’s report on two separate grounds. Firstly that the report is affected by apparent bias; and secondly that the report failed to take into account the adverse financial impact of introducing competition. The appeal hearing will take place at the Competition Appeal Tribunal from October 19-22.
For further details on the appeal, see BAA Limited v Competition Commission on the Competition Appeal Tribunal website.
15 May 2009
The CC accepted interim undertakings from BAA, pending final determination of the investigation. The undertakings relate to the sale of Gatwick Airport, reports on progress toward an agreement on consultation for Heathrow Airport, the preservation of the SG2 planning application and hold separate provisions for all the airports subject to divestiture.
19 March 2009
The CC has now published its final report on BAA’s seven UK airports, including the remedies it has decided are necessary to deal with the adverse effects on competition which the CC has found.
For a full copy of the report and the accompanying news release see BAA airports investigation home
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