The European Court of Justice (ECJ) has dismissed British Airways’ (BA) appeal against the Court of First Instance’s (CFI) judgment upholding the European Commission’s decision that BA had abused its dominant position on the market for air travel agency services in the United Kingdom through its loyalty rebate schemes. The Commission found that the abusive conduct of rewarding loyalty from the travel agents and of discriminating between travel agents had the effect of excluding BA’s competitors from the UK passenger air transport market. BA appealed the CFI’s upholding of the Commission’s decision on the ground that its conduct was not abusive. However, the ECJ rejected the appeal on the basis that it could not substitute its own assessment of the market data and competitive situation for that already carried out by the CFI.