Join us in London at Competition Law Challenges in the Transport Sector and SAVE 20 percent from the delegate fee!

COMPETITION LAW CHALLENGES IN THE TRANSPORT SECTOR

27-28 January 2016, Grange City Hotel, London

This separately bookable, two day conference will provide insightful update on the latest developments and detailed analysis of current competition law challenges in the transport sector, focusing on the aviation and shipping industries.

Attend this conference to:

  • Hear directly from the Commission on their priorities
  • Analyse the latest developments in alliances, cooperation and joint ventures in the aviation sector
  • Discuss practical issues in ticket distribution, online booking and pricing
  • Review current merger activity including FedEx/TNT and Aer Lingus/Ryanair merger
  • Compare current challenges in the aviation and shipping sectors and debate why the Commission treats them differently
  • Consider the impact of competition law and state aid on ports
  • Gain an update on recent case law including: Air Cargo, RoRo, the price signalling investigation and others
  • Debate key developments with fellow in-house lawyers and regulators.

Don’t miss out on your exclusive 20% AviationLaw.EU discount – quote VIP code FKW82597ALL when registering.

For more information and to register please visit http://www.ibclegal.com/FKW82597ALL

Takeover bids and European competition law: Ryanair Holdings v The Competition & Markets Authority

Ryanair Holdings Plc v The Competition And Markets Authority & Anor [2015] EWCA Civ 83
Court of Appeal
Lord Justice Laws, Lord Justice Patten, Lord Justice Floyd
12 February 2015

Takeover bids and European competition law. Ryanair appealed to the Court of Appeal against a decision of the Competition Appeal Tribunal (view here), who rejected previous challenges to the findings of the Competition Commission (CC). Ryanair’s three grounds of appeal were:

(1) it was procedurally unfair for the CC to have refused to disclose to Ryanair (or its external lawyers) the material allegations and evidence relied upon by the CC in reaching the conclusion that Ryanair might affect Aer Lingus’s ability to participate in a combination with another airline. Particular weight was attached to the evidence of other airlines but their identities and the underlying evidence were withheld from Ryanair despite its requests for their disclosure. It was therefore denied a fair opportunity to respond;

(2) the decision to require divestiture of all but 5% of the minority stake involved a breach of the duty of sincere co-operation under Article 4(3) of the Treaty on European Union (“TEU”) because of a material risk of conflict between the order and a future decision of the European Commission (following the appeal to the General Court) that Ryanair should be permitted to bid for 100% of Aer Lingus; and

(3) The divestiture remedy was disproportionate and was imposed by the CC on the basis of a misdirection as to the degree of risk of an SLC occurring that has to be found before a remedy can be imposed and which dictates the type of remedy required.

Appeal dismissed.

For further UK case law, see our United Kingdom – Cases page.