On 18 February 2011, the CC welcomed a decision of the Supreme Court to refuse BAA permission to appeal against a judgment of the Court of Appeal, which upheld the CC’s BAA airports market investigation report . In October 2010, the Court of Appeal allowed an appeal by the CC and overturned the judgment of the Competition Appeal Tribunal that found that the CC’s market investigation report into BAA airports was tainted by apparent bias. The decision of the Supreme Court to refuse BAA permission to appeal has the effect of reinstating the CC report, which required the sale by BAA of Gatwick airport, Stansted airport and one of Glasgow or Edinburgh airports. Although BAA has already sold Gatwick airport, in November 2010, the CC invited views on whether there have been any recent developments that require it to reconsider the divestment remedies identified in its 2009 report. The CC intends to announce its provisional decision on this issue in March 2011.
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Supreme Court refuses BAA permission to appeal
- Mayer Brown LLP
- Gillian Sproul
- United Kingdom
- February 25 2011
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Don Sangster
Legal Department Administrator
Jovian Capital Corporation