Ryanair Holdings Plc v The Office of Fair Trading & Anor [2012] EWCA Civ 643 (22 May 2012)

Ryanair Holdings Plc v The Office of Fair Trading & Anor [2012] EWCA Civ 643 (22 May 2012)

The OFT was precluded by the duty of sincere cooperation under EU law from making a reference to the Competition Commission while appeals relating to the European Commission's decisions were pending before the EU courts. Section 122(4) of the Enterprise Act 2002 applied, extending the time for reference until the conclusion of all EU proceedings. The appeal was dismissed and the decision of the Competition Appeal Tribunal upheld.

Citation
[2012] EWCA Civ 643
Parties
Appellant: Ryanair Holdings PLC; 1st Respondent: The Office of Fair Trading; 2nd Respondent (supporting 1st Respondent): Aer Lingus Group PLC
Jurisdiction
England and Wales
Judgment Date
22 May 2012
Procedural Posture
Appeal From Competition Appeal Tribunal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Merger Control, Jurisdictional Conflict, Duty of Sincere Cooperation, Time Limits for Merger References, Primacy of EU Law
Competition Law European Union Law Administrative Law Merger Control Jurisdictional Conflict Duty of Sincere Cooperation Time Limits for Merger References Primacy of EU Law

Case Brief

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Parties

Ryanair Holdings PLC

Appellant

The Office of Fair Trading

1st Respondent

Aer Lingus Group PLC

2nd Respondent (supporting 1st Respondent)

Procedural Posture

Appeal From Competition Appeal Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether the OFT was entitled to refer a merger situation to the Competition Commission more than four months after it arose due to the operation of the EC Merger Regulation and pending EU proceedings.
  2. 2 Whether the duty of sincere cooperation under EU law precluded the OFT from making a reference during the pendency of appeals before the EU courts.

Ratio Decidendi

The OFT was precluded by the duty of sincere cooperation under EU law from making a reference to the Competition Commission while appeals relating to the European Commission's decisions were pending before the EU courts. Section 122(4) of the Enterprise Act 2002 applied, extending the time for reference until the conclusion of all EU proceedings. The appeal was dismissed and the decision of the Competition Appeal Tribunal upheld.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.