The bus company, Arriva, took interim action against Glasgow Airport Limited (GAL) alleging that GAL’s refusal to provide access to an area immediately outside terminal amounted to an abuse of a dominant position. Arriva lost its prime location to operate a bus service from Glasgow Airport to the city centre after rival bus company, First Group, won a tender to provide the services. Arriva claimed GAL was abusing a dominant position in not allowing it to run its own services along side First Bus in the prime location. The Court considered that while Arriva had an arguable case, it was not sufficiently compelling as to justify the grant of interim interdict for which there must be a clear-cut abuse of dominance. One of the factors taken into account in determining the balance of convenience in this instance is that it was not apparent that, even if there was an obligation to allow access to a second company it would have been Arriva, who was not the runner up in the tender.
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No interim remedy for Arriva against Glasgow Airport over allegations of abuse
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