The OFT has concluded that it has insufficient evidence to pursue Flybe for predatatory behaviour under Chapter II of the Competition Act 1998 and/or Article 102 of the TFEU.
The investigation followed a complaint by Air Southwest that the actions of Flybe on entering the Newquay to London Gatwick route were predatory. Air Southwest alleged that Flybe was aiming to eliminate them as a competitor from either the Plymouth to Newquay to London Gatwick route or from Plymouth Airport more generally.
The OFT found that Flybe was not dominant in the market covering the Newquay to London Gatwick route (although it was found to be dominant on two small scale, but arguably related, markets at Exeter Airport), and that there was insufficient evidence to suggest that either Flybe's intentions or its entry on to the Plymouth to Newquay to London Gatwick route constituted a departure from Flybe’s normal robust competitive strategy.
115/10 - 5 November 2010