21/12/2009 - Important victory for BAA before the CAT  

BAA has successfully appealed the Competition Commission decision which required them to sell three of the seven UK airports.  The Competition Commission had ruled in March 2009 that BAA must sell Gatwick, Stansted and either Edinburgh or Glasgow airports within two years.  However, in its judgment dated 21 December 2009, the Competition Appeals Tribunal ("CAT") has held that the Competition Commission ruling was tainted by ‘apparent bias'.  In particular, the CAT has found that an appearance of bias arose from the membership and influence of Professor Moizer within the Competition Commission Group from October 2007 until February 2009. The CAT rejected BAA's other contention that the divestiture remedy, in particular the speed at which the sales were required, breached the principle of proportionality.