The UK Court of Appeal addresses the issue of the duty of sincere cooperation between national competition authorities and the European institutions in the context of merger control (Ryanair / Aer Lingus)

Summary In 2012 the low-cost company Ryanair flew twice to the Court of Appeal in the UK, in an attempt to further explore the duty of sincere cooperation between national competition authorities and the European institutions. Ryanair did not get good value for money: at both occasions it was unable to prevent the competition authorities from probing the acquisition of a minority stake into his rival Aer Lingus. In these judgments, the Court of Appeal interpreted the so-called duty of sincere cooperation in the context of merger control. The principle of sincere cooperation stems from Article 4 of the Treaty of the European Union (TEU). In substance this Article states that the Member States must take all appropriate measures to fulfil their obligations arising out of the Treaty and

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  • United Kingdom’s Competition Authority - CMA (London)

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Nathalie Lobel-Lastmann, The UK Court of Appeal addresses the issue of the duty of sincere cooperation between national competition authorities and the European institutions in the context of merger control (Ryanair / Aer Lingus), 22 May 2012, e-Competitions Cooperation between National Competition Authorities, Art. N° 50365

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