On 1 June 2012, the UK Supreme Court rejected Ryanair’s application to appeal the OFT’s judgment to proceed with a merger review into its 2006 purchase of a minority stake (29.82%) in rival airline, Aer Lingus. Permission was refused because “the application does not raise an arguable point of law” and “the prospects of success are not sufficient to justify a further lengthy delay in these proceedings.” Ryanair filed its appeal with the Supreme Court following the Court of Appeal’s decision to dismiss its appeal on 22 May 2012. The Court of Appeal had upheld the OFT’s decision that it was “in time” to investigate Ryanair’s acquisition. The OFT now has until 18 June 2012 to publish a decision on its review or to refer the review to the Competition Commission for an in-depth investigation.
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Ryanair’s right to appeal rejected: Supreme Court rejects Ryanair’s application for permission to appeal
- Mayer Brown LLP
- Gillian Sproul
- United Kingdom
- June 7 2012
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Nadia Martel
Senior Legal Counsel
Bombardier Recreational Products Inc