| 25 June 2010
The CC’s appeal against the Competition Appeal Tribunal’s findings on apparent bias was heard by the Court of Appeal on 23 and 24 June. Judgment is expected later in the year.
19 May 2010
The CC published a note on process in relation to finalizing a revised consultation protocol for Heathrow Airport.
5 May 2010
The CC accepted undertakings from BAA requiring it, inter alia, to consult at least annually with airport users and other relevant stakeholders at Aberdeen Airport about the expected capital expenditure programme.
26 March 2010
The Court of Appeal granted the CC leave to appeal against the Competition Appeal Tribunal’s findings in relation to apparent bias.
11 March 2010
Following the Competition Appeal Tribunal’s decision to quash the decisions in the CC’s report concerning the common ownership of airports, the CC has formally released BAA from the Interim Undertakings accepted by the CC on 15 May 2009, in so far as they relate to the CC’s decisions about common ownership.
The CC has applied to the Court of Appeal for leave to appeal against the Tribunal’s findings in relation to apparent bias.
25 February 2010
The Competition Appeal Tribunal refused requests from the CC and Ryanair for permission to appeal against the Tribunal’s judgement of 21 December 2009. The Tribunal made an Order quashing the decisions in the CC’s Report that relate to the common ownership of airports and remitting these matters back to the CC for reconsideration. The Order will come into effect only when the question of any further application for permission to appeal, or any actual appeal, has been determined. The Tribunal ruled that findings in the Report relating to Aberdeen airport, Heathrow airport’s position as a hub, the planning system, government policy and the regulatory system can stand.
21 December 2009
The Competition Appeal Tribunal handed down its judgement. Its unanimous decisions are that BAA’s application for review of the CC’s Report succeeds on ground 1 (namely, apparent bias), but fails on ground 2 (namely, that the CC failed properly to apply the proportionality principles when fixing the timetable for divestiture of three BAA airports). The Tribunal will hear further argument on the scope of relief to be granted, unless the parties reach agreement beforehand. The CC is studying the judgment carefully and considering its implications and whether there are any grounds for an appeal.
Snapshot of BAA Investigation
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