On 21 December 2009, the UK Competition Appeal Tribunal (the CAT) handed down its judgment upholding part of BAA’s appeal against the report prepared by the UK Competition Commission (the CC) in its market investigation into BAA airports. The CC’s report had imposed a number of remedies on BAA, including requiring it to divest Gatwick, Stansted and one of Edinburgh or Glasgow airports (see attached), but the legal status of the report is now in serious doubt, creating significant embarrassment for the CC, and opening the possibility of BAA retaining Stansted and both of its Scottish airports.
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