The UK Competition Appeal Tribunal upholds the Competition Commission’s decision ordering partial divestment of an airline’s minority shareholding in its direct competitor (Ryanair)

On 7 March 2014, the Competition Appeal Tribunal (“the CAT”) handed down its judgement [1] upholding the findings of the Competition Commission (“the CC”) in its final report (“the Report”) concluding that Ryanair’s 29.82% minority shareholding in Aer Lingus resulted in a substantial lessening of competition (“SLC”) [2]. The CAT upheld the Report’s conclusion that partial divestment of Ryanair’s minority shareholding down to a maximum of 5% and the appointment of a divestiture trustee was a necessary and proportionate measure to address the SLC. Ryanair and Aer Lingus are rival airline providers incorporated in Dublin, Republic of Ireland, which both carry on business in the United Kingdom (“the UK”). Background Since 2006, Ryanair has made three public bids to acquire Aer Lingus, which have

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  • The University of Manchester

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Emile Abdul-Wahab, The UK Competition Appeal Tribunal upholds the Competition Commission’s decision ordering partial divestment of an airline’s minority shareholding in its direct competitor (Ryanair), 7 March 2014, e-Competitions Bulletin March 2014, Art. N° 66173

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