BAA Ltd v Competition Commission
[2012] EWCA Civ 1077
Ratio Decidendi
The Competition Commission's power to order divestiture of airports as a remedy for an adverse effect on competition is lawful and proportionate where the market investigation reveals structural competition concerns.
Fakty
Following a market investigation, the Competition Commission found that BAA's common ownership of seven UK airports, including Heathrow, Gatwick, and Stansted, substantially lessened competition. The CC ordered BAA to sell Gatwick and Stansted. BAA challenged the divestiture order on grounds of procedural unfairness and irrationality.
Podsumowanie orzeczenia
The Court of Appeal dismissed BAA's appeal. It held that the CC had properly conducted its investigation and that the divestiture remedy was within its statutory powers and proportionate to the adverse effects on competition identified. The court confirmed broad deference to the CC's expert economic assessments.
Kluczowe cytaty
"The CC's assessment of what is needed to remedy the adverse effects on competition involves complex economic and policy judgments with which the court should be slow to interfere."
— Sullivan LJ
Późniejsze zastosowanie
Confirmed the scope of the CMA's remedial powers in market investigations.
BAA subsequently divested Gatwick (2009) and Stansted (2013), demonstrating effective structural remedies in competition law.