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BAA has lodged an appeal with the Competition Appeal Tribunal against the CC’s confirmation in July that it would require the company to sell both Stansted and Glasgow or Edinburgh airports (See news release dated 19 July below). Judgement is now awaited following a hearing at the Competition Appeal Tribunal on 5, 6 and 7 December.
The timeline below outlines significant milestones in the case so far:
1 February 2012
CC welcome CAT verdict on BAA Stansted Appeal
13 December 2011
Having examined the draft Heathrow Consultation and Information Protocol (the Protocol) published by the CAA for consultation in July 2011 and the comments received by the CAA in response to its consultation, the CC informed the CAA on 24 October 2011 that it considered that most of its recommendations had been substantially incorporated in the revised protocol and that the CC was content in the circumstances for the revised protocol to be published in its current form. Below is a link to the finalised Protocol which was published on the CAA website in November 2011.
Heathrow Consultation and Information Protocol
9 November 2011
Notice of acceptance of Final Undertakings in relation to Stansted and either Edinburgh or Glasgow Airport (9 November 2011)
14 October 2011
Notice of intention to accept Final Undertakings in relation to Stansted and either Edinburgh or Glasgow Airport (14 October 2011)
7 October 2011
CC puts Scottish Airport Sale First
19 July 2011
Consideration of possible material changes of circumstances
20 April 2011
Notice of acceptance of final undertakings in relation to Aberdeen Airport (19 April 2011)
30 March 2011
Provisional consideration of possible material changes of circumstances
18 February 2011
BAA investigation: Statement from CC following Supreme Court Decision on BAA Appeal
7 January 2011
CC accepted interim undertakings from BAA.
18 November 2010
CC INVITES BAA SUBMISSIONS
The Competition Commission (CC) is inviting submissions on whether there have been any relevant developments it should take into consideration since it made its decision in March 2009 requiring BAA Ltd (BAA) to sell three airports.
Following the judgment by the Court of Appeal last month to reinstate the CC’s findings, the CC wishes to take matters forward and as a part of that process would like to consider representations on whether any changes in circumstances over the past 18 months give cause for the CC to reconsider the implementation of the remedies identified in its original decision.
Submissions should be made by Wednesday 15 December to Julie Hawes.
13 October 2010
CC’s Appeal in the BAA investigation has today been upheld.
Statement from CC following Court of Appeal’s Judgment on BAA Investigation.
The pivotal point of the judgment being that the question of ‘apparent bias’ did not arise until December 2008 – roughly 3 months before the BAA investigation finished. (The Competition Appeal Tribunal’s judgment had been based on the possibility of apparent bias arising much earlier - from October 2007).
The effect of the Court of Appeal’s decision is to restore in full our report together with its remedies including the requirement for BAA to sell Stansted and either Edinburgh or Glasgow airports.
The Court of Appeal’s judgment is available at: http://www.bailii.org/ew/cases/EWCA/Civ/2010/1097.html
BAA has 28 days to appeal to the Supreme Court.
22 September 2010
CC publishes recommendations to the CAA in relation to the Heathrow consultation protocol
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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