BAA Ltd v Competition Commission

BAA Ltd v Competition Commission

The Commission's requirement for BAA to divest Stansted was proportionate as the divestiture timetable allowed BAA to obtain fair market value, and no further loss needed to be considered. The Tribunal did not misconstrue the Commission's findings on substitutability, and BAA failed to provide evidence of any...

Source-derived case information.

Parties
Appellant: BAA Limited; Respondent: Competition Commission; Intervener: Ryanair Limited
Jurisdiction
England and Wales
Judgment Date
26 July 2012
Procedural Posture
Civil Appeal / Judgment on Appeal From Competition Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Divestiture Remedy, Proportionality, Market Investigation, Compulsory Sale, Loss Assessment
Competition Law Administrative Law Divestiture Remedy Proportionality Market Investigation Compulsory Sale Loss Assessment

Source-derived case record

Summary, issues, holding and outcome

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Parties

BAA Limited

Appellant

Competition Commission

Respondent

Ryanair Limited

Intervener

Procedural Posture

Civil Appeal / Judgment on Appeal From Competition Appeal Tribunal

Legal Issues

  1. 1 Whether the Competition Commission's requirement for BAA to divest Stansted airport was proportionate
  2. 2 Whether the Commission failed to account for loss attributable to compulsory sale under the divestiture timetable
  3. 3 Whether the Tribunal misconstrued the Commission's findings on substitutability in the 2009 report

Ratio Decidendi

The Commission's requirement for BAA to divest Stansted was proportionate as the divestiture timetable allowed BAA to obtain fair market value, and no further loss needed to be considered. The Tribunal did not misconstrue the Commission's findings on substitutability, and BAA failed to provide evidence of any additional loss attributable to the compulsory sale.

Court Disposition

Appeal dismissed

Orders

  • BAA's appeal is dismissed
  • No further relief granted