LK Shields Solicitors

Ryanair/DAA-Aer Lingus (Case No. COMP/39.886)

Commission Decision of 17 October 2013. A recent complaint brought by Ryanair to the European Commission tackled some of the most difficult issues arising in the competition law domain, such as excessive pricing and discrimination. The complaint was made under article 102 of the Treaty on the Functioning of the European Union (TFEU), which prohibits firms holding a dominant position on a determined market to abuse that position. While ultimately unsuccessful, it may be a sign of things to come.

Ryanair asked the European Commission to establish, among other things, that the increase of airport charges by Dublin Airport Authority (DAA), including the non-differentiation between terminals, constituted an infringement of Article 102 TFEU.

Ryanair pointed out that the application of similar conditions to unequal transactions can constitute discrimination under European Union competition law. Ryanair alleged that this thinking applied in its case since DAA levied the same set of charges on the users of terminal one and terminal two despite the considerable differences between those two terminals…

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