Ryanair Holdings plc v Office of Fair Trading (Aer Lingus Group plc intervening)

06 Sep 2011

On 28 July 2011, the Competition Appeal Tribunal (“CAT”) gave judgment on the application by Ryanair Holdings plc (“Ryanair”) for judicial review of the decision by the Office of Fair Trading (“OFT”) that it would be in time (should it decide to take such a decision) to refer to the Competition Commission (“CC”) Ryanair’s acquisition of a minority shareholding in Aer Lingus Group plc (“Aer Lingus”). Ryanair’s application required the CAT to address the relationship between the domestic and European Union (“EU”) systems of merger control and, in particular, the effects on that relationship of the “one stop shop” principle reflected in Article 21 of Council Regulation (EC) 139/2004 (“the Merger Regulation”).