Ryanair Holdings Plc (Ryanair) v Competition Commission (CC) & Anor

Ryanair Holdings Plc (Ryanair) v Competition Commission (CC) & Anor

The Competition Commission's investigation into Ryanair's minority shareholding is not precluded by the duty of sincere cooperation, as the EC's jurisdiction does not extend to the minority holding; only the UK has jurisdiction over this aspect, and there is no risk of conflicting or overlapping exclusive jurisdictions. The Competition Commission may proceed, subject to avoiding any final decision that would conflict with the EC's ultimate conclusion on the public bid.

Parties
Appellant: Ryanair Holdings PLC; 1st Respondent: Competition Commission; 2nd Respondent: Aer Lingus Group PLC
Jurisdiction
England and Wales
Judgment Date
13 December 2012
Procedural Posture
Appeal / Judgment on Appeal From Competition Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Merger Control, Jurisdictional Exclusivity, Duty of Sincere Cooperation, Parallel Investigations, Enterprise Act 2002, EC Merger Regulation
Competition Law European Union Law Administrative Law Merger Control Jurisdictional Exclusivity Duty of Sincere Cooperation Parallel Investigations Enterprise Act 2002 +1 more

Case Brief

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Parties

Ryanair Holdings PLC

Appellant

Competition Commission

1st Respondent

Aer Lingus Group PLC

2nd Respondent

Procedural Posture

Appeal / Judgment on Appeal From Competition Appeal Tribunal

Legal Issues

  1. 1 Whether the Competition Commission can continue its investigation into Ryanair's minority shareholding in Aer Lingus pending the European Commission's review of Ryanair's public bid under the EC Merger Regulation
  2. 2 Whether the duty of sincere cooperation under Article 4(3) TEU precludes the Competition Commission from proceeding with its investigation

Ratio Decidendi

The Competition Commission's investigation into Ryanair's minority shareholding is not precluded by the duty of sincere cooperation, as the EC's jurisdiction does not extend to the minority holding; only the UK has jurisdiction over this aspect, and there is no risk of conflicting or overlapping exclusive jurisdictions. The Competition Commission may proceed, subject to avoiding any final decision that would conflict with the EC's ultimate conclusion on the public bid.

Court Disposition

Appeal dismissed

Orders

  • The Competition Commission may continue its investigation into Ryanair's minority shareholding in Aer Lingus.
  • No stay or quashing of the Competition Commission's investigation or section 109 notice.