On 19 March 2009, the CC published the final report (“the Report”) in its market investigation into BAA airports. BAA claimed that the findings in the Report were unlawful on the basis of apparent bias as there were links between a member of the CC's Inquiry Panel and an undertaking interested in acquiring those airports that BAA were selling. BAA also claimed that the CC failed to apply the proportionality principles when fixing the timetable for divestiture of three BAA airports.

The CAT handed down its judgment on 21 December 2009 stating that BAA had succeeded in its claim in relation to the apparent bias but failed in relation to their argument on proportionality. The CAT will now hear arguments on the implications of its ruling.

1110/6/8/09 - 21 December 2009