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PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the judgment of 7 March 2014; it is no longer maintained. See further, timeline, commentary and related cases. Note–a subsequent appeal was lodged at the Court of Appeal–see Ryanair Holdings plc v CMA (Court of Appeal). Case facts Outline Application for review to the Competition Appeal Tribunal (CAT) of the Competition Commission (CC)’s final report on Ryanair's completed acquisition of a minority stake in Aer Lingus in which the CC orders Ryanair to reduce its shareholding in Aer Lingus from 29.8% to 5%. The CAT dismissed the appeal on 07/03/2014 Parties Ryanair—the largest low-cost airline in Europe, offering flights from 49 base airports throughout Europe. It is headquartered in Dublin, one of its largest bases. Competition and Markets Authority (CMA) (formerly the Competition Commission (CC)). Background Ryanair acquired it's 29.8% stake in Aer Lingus during the years 2006/07. It has attempted to acquire the remaining shares in Aer Lingus on three occasions—two attempts were prohibited by the European
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the Court of Appeal’s dismissal of the application for permission to appeal of 1 October 2015; it is no longer maintained. See further, timeline and related cases. Case facts Outline Request by Ryanair for the CMA to consider a material change in circumstances, following the Court of Appeal’s judgment dismissing Ryanair’s appeal against the CAT's decision to uphold the Competition Commission (CC)’s final report on Ryanair’s completed acquisition of a minority stake in Aer Lingus, in which the CC orders Ryanair to reduce its shareholding in Aer Lingus from 29.8% to 5%. The CMA decided that there had bene no change of circumstances and published its final order requiring Ryanair to reduce its shareholding in Aer Lingus to 5% on 11/06/2015; the CAT rejected an appeal by Ryanair against this decision on 15/07/2015 and Ryanair subsequently withdrew a request for permission to appeal to the Court of Appeal. Latest developments On 11 June 2015, the CMA published its final order
PRACTICE NOTES
CASE HUB (note–appealed in Ryanair v Competition Commission). ARCHIVED: this archived case hub reflects the position at the date of the decision of 5 November 2013; it is no longer maintained. See further, timeline, commentary and relevant cases. Case facts Outline UK merger investigation into the completed acquisition by Ryanair of a minority shareholding in Aer Lingus. On 5 November 2013, the Competition Commission ordered Ryanair to reduce its shareholding in Aer Lingus to 5%. Latest developments The OFT launched its investigation of Ryanair's acquisition of the minority shareholding in October 2010—the investigation couldn't be launched earlier as Ryanair's first bid to acquire the entire shareholding, which was prohibited by the European Commission in 2007, was being reviewed by the European courts. Ryanair appealed the decision of the OFT to investigate to the Competition Appeal Tribunal and the Court of Appeal—the appeals were lost. The OFT referred the minority shareholding to the CC in June 2012; Ryanair appealed the CC's decision to investigate again to the Competition Appeal Tribunal and the Court of Appeal—the appeals
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 27 February 2013; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline European Commission merger investigation into the planned acquisition by Ryanair of Aer Lingus (third attempt) (Case M.6663). The transaction was prohibited by the Commission on 27/02/2013. Latest developments On 27 February 2013, the Commission has prohibited the transaction.The commitments offered by Ryanair, including the sale of 43 routes, including brands, airport slots and aircraft leases to Flybe and a commitment that British Airways would operate flights from London for three years, didn't satisfy the Commission's competition concerns. The Commission concluded that Flybe didn't have the experience to compete with Ryanair, didn't have experience of the Irish market, wasn't used to operating the aircraft offered by Ryanair and some of the routes didn't match Flybe's business model. In relation to the British Airways commitment, the Commission found that British Airways would not offer a sufficient constraint on Ryanair, especially because of its
NEWS
MLex: An Italian investigation into whether Ryanair is abusing a dominant position by restricting online travel agencies from selling its flight tickets is progressing, with the national competition authority sending inquiries to the market, MLex has learned. The questions center on agreements the Irish budget airline has struck with a string of OTAs in recent months, and indicate the authority is working on a charge sheet.
GLOSSARY
The rule in Rylands v Fletcher creates a strict liability cause of action for foreseeable damage caused by escapes occasioned by non-natural use of land.
PRACTICE NOTES
In order to assist the assessment of compensation in certain circumstances, section 17 of the Land Compensation Act 1961 (LCA 1961) provides that an application can be made in respect of the compensation value of an interest in land which is proposed to be acquired by an authority possessing compulsory purchase powers (a ‘S 17 Certificate’). Legislative context Planning assumptions in compulsory acquisition LCA 1961, Pt II provides that the calculation of compensation for the compulsory purchase of land is founded on the market value basis. The potential development value of a property for these purposes under LCA 1961, s 5(2) may take account of certain planning permissions as well as the prospect of planning permission being obtained: • planning permission (which includes permitted development rights) relating to development of the property or other land, if it is in force on the valuation date. The valuation date is defined by LCA 1961, s 5A and in most cases will be the date of possession • the
Q&As
We assume that the investment bond is a segmented life insurance policy to which Income Tax (Trading and Other Income) Act 2005 (ITTOIA 2005), Part 4, Chapter 9 applies and is not a personal portfolio bond. Assignment of life policies by trustee to A and B An assignment of the underlying life policies that is not for money or money’s worth is not a chargeable event. Surrender of the life policies by A and B If A and B surrender all rights under the policy, this will be a chargeable event. As they both
S&P
GLOSSARY
Standard and Poors, a firm that for a fee gives a rating to companies to determine their ability to continue to support its pension scheme.
NEWS
S&P Global has published its February 2025 UK Construction Purchasing Managers’ Index (PMI) report, indicating a sharp decline in construction output. The PMI registered 44.6 in February 2025, down from 48.1 in January 2025, representing the lowest level in nearly five years.
NEWS
S&P Global has published its March 2025 UK Construction Purchasing Managers’ Index (PMI) report, indicating a continued decline in construction output. The PMI registered 46.4 in March 2025, up from 44.6 in February 2025.
NEWS
S&P Global has published its October 2025 UK Construction Purchasing Managers’ Index (PMI) report. The PMI registered 44.1 in October 2025, down from 46.2 in September 2025, representing the steepest decline in overall industry activity since May 2020.