UK Competition Appeal Tribunal Judgment: BAA Limited v Competition Commission

BAA applied to the Tribunal for a review of the Report pursuant to section 179 of the Act, relying on two grounds of challenge: apparent bias and proportionality. In relation to the first ground, BAA submitted that the participation of Professor Peter Moizer as a member of the group within the Commission who conducted the investigation was subject to apparent bias by reason of his role as a long-standing fee-paid advisor to the Greater Manchester Pension Fund (“the Fund”). The Fund sits within the ten local authorities of Greater Manchester and is administered by one of those authorities. The same authorities hold 100% of the shares in the Manchester Airport Group (“MAG”) and play an active role in its business strategy. MAG is a potential purchaser of the airport assets to be divested by BAA and participated in the Commission’s investigation. In relation to the second ground, BAA submitted that, in assessing the proportionality of the divestiture remedies, and in particular with regard to the timetable for sale, the Commission failed to take account of material considerations relating to the impact of the divestiture on BAA.