Ryanair Holdings Plc v The Competition And Markets Authority & Anor

Ryanair Holdings Plc v The Competition And Markets Authority & Anor

The Competition Commission's refusal to disclose the identities of third party airlines did not render the process procedurally unfair, as Ryanair had sufficient information to respond to the substance of the evidence. The divestiture remedy reducing Ryanair's stake to 5% was proportionate and necessary to remedy the SLC, as lesser remedies would not address all possible forms of combination. The divestiture order did not breach the duty of sincere cooperation under Article 4(3) TEU, as there was no real conflict with EU objectives and the jurisdictions were not overlapping.

Parties
Appellant: Ryanair Holdings PLC; First Respondent: Competition and Markets Authority; Second Respondent: Aer Lingus Group PLC
Jurisdiction
England and Wales
Judgment Date
12 February 2015
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Merger Control, Substantial Lessening of Competition, Material Influence, Duty of Sincere Cooperation, Procedural Fairness, Remedies for Anti Competitive Outcomes
Competition Law Corporate Law European Union Law Merger Control Substantial Lessening of Competition Material Influence Duty of Sincere Cooperation Procedural Fairness +1 more

Case Brief

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Parties

Ryanair Holdings PLC

Appellant

Competition and Markets Authority

First Respondent

Aer Lingus Group PLC

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Ryanair's minority stake in Aer Lingus resulted in a substantial lessening of competition (SLC)
  2. 2 Whether the Competition Commission's (CC) refusal to disclose identities of third party airlines was procedurally unfair
  3. 3 Whether the divestiture remedy imposed was disproportionate or ultra vires

Ratio Decidendi

The Competition Commission's refusal to disclose the identities of third party airlines did not render the process procedurally unfair, as Ryanair had sufficient information to respond to the substance of the evidence. The divestiture remedy reducing Ryanair's stake to 5% was proportionate and necessary to remedy the SLC, as lesser remedies would not address all possible forms of combination. The divestiture order did not breach the duty of sincere cooperation under Article 4(3) TEU, as there was no real conflict with EU objectives and the jurisdictions were not overlapping.

Court Disposition

Appeal dismissed

Orders

  • Ryanair's appeal is dismissed
  • Divestiture order reducing Ryanair's stake in Aer Lingus to 5% upheld