Source: All England Reporter
Publisher Citation: [2011] All ER (D) 199 (Dec)
Neutral Citation: [2011] EWCA Civ 1579
Court: Court of Appeal, Civil Division
Judge: Lloyd, Elias and Kitchin LJJ
Representation Lord Pannick QC and Brian Kennelly (instructed by Covington & Burling LLP) for Ryanair.
  Daniel Beard QC and Julian Gregory (instructed by the General Counsel, Office of Fair Trading) for the OFT.
  James Flynn QC, Kelyn Bacon and Daniel Piccinin (instructed by Cadwalader Wickersham & Taft LLP and Linklaters LLP) for Aer Lingus Group Plc.
Judgment Dates: 21 December 2011

Catchwords

Competition - Merger - Substantial lessening of competition - Claimant airline seeking to purchase 30% share in second respondent airline - First respondent Office of Fair Trading investigating acquisition - Issue arising as to whether OFT time-barred to referring matter to Competition Commission - OFT making preliminary decision that matter arising within time limits - First respondent appealling decision - Whether OFT erring - Competition Appeal Tribunal Rules 2003 ().

The Case

Competition Merger. The Court of Appeal, Civil Division, held that it would be appropriate to make a direction under Rule 61(2) of the where the order sought in a dispute regarding the attempted take-over of Aer Lingus by Ryanair was necessary, as a matter of urgency, to protect the public interest.

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