BAA Appeals Against Court’s CC Judgement

FOLLOWING THE UK Court of Appeal’s decision to uphold The Competition Commission’s (CC) appeal and reinstate its findings in the BAA investigation, following an earlier judgment by the Competition Appeal Tribunal: the CC issued a press release on October 13 stating:  “We are pleased that the Court of Appeal has found in our favour in the BAA case.  The effect of this decision is to restore in full our report together with its remedies, including the requirement for BAA to sell Stansted and either Edinburgh or Glasgow airports, Gatwick having already been sold.  Our intention now is to work with BAA to implement these measures in the interests of the travelling public.
“We take very seriously the need for our inquiry panels to be completely impartial.  We have already tightened our procedures and in January of this year we commissioned a comprehensive, independent, review chaired by Dr Brian Woods-Scawen of our rules and procedures on conflicts of interest.  We shall now be taking further action on the basis of its recommendations to prevent any recurrence of this kind of issue.”
BAA has announced it will appeal to the Supreme Court in the next stage of the legal process surrounding the CC’s investigation of its airport ownership.
A statement from the Competition Commission said: “The Court of Appeal today overturned a Competition Appeal Tribunal judgement in favour of the Competition Commission.
“However, the court accepts that apparent bias existed during part of the Commission’s investigation, and BAA now plans to prepare an appeal for the Supreme Court.
A BAA spokesman said:
“We are disappointed that the Court of Appeal has upheld two of the five grounds argued by the Competition Commission.
“We note the Court’s view that apparent bias in relation to a panel member existed during part of the Commission’s investigation and will study this judgement carefully.
“We will be seeking permission to appeal to the Supreme Court.”