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In the most recent episode of Ryanair’s epic campaign to guard its territorial interests in Aer Lingus, the Competition Appeal Tribunal has ruled that there has been no “material change of circumstances” since the Competition Commission’s final report of 28 August 2013. The judgment provides insight into the meaning of “material change of circumstances” and makes it clear that, absent such a change, the competition authority does not need to carry out a fresh proportionality review of its remedy decision when taking a decision implementing the remedy under Section 41 of the Enterprise Act 2002.
The CMA was represented by Daniel Beard QC, Rob Williams and Alison Berridge.
Please click to view the full Ryanair Holdings plc v Competition and Markets Authority case note.
The comments made in this case note are wholly personal and do not reflect the views of any other members of Monckton Chambers, its tenants or clients.