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| Version 2 | Version 3 |
|---|---|
| BAA wins appeal on airports sales | BAA wins appeal on airports sales |
| (20 minutes later) | |
| BAA has won its appeal against an order to sell three of the seven UK airports it runs on the grounds that the ruling panel was affected by "apparent bias". | BAA has won its appeal against an order to sell three of the seven UK airports it runs on the grounds that the ruling panel was affected by "apparent bias". |
| But the appeal tribunal rejected BAA's argument that it was being forced to sell the airports too quickly. | But the appeal tribunal rejected BAA's argument that it was being forced to sell the airports too quickly. |
| The Competition Commission had ruled in March that BAA must sell Gatwick, Stansted and either Edinburgh or Glasgow airports within two years. | The Competition Commission had ruled in March that BAA must sell Gatwick, Stansted and either Edinburgh or Glasgow airports within two years. |
| BAA has already sold Gatwick but the judgement will not affect that sale. | BAA has already sold Gatwick but the judgement will not affect that sale. |
| It is unclear whether BAA will have to sell the other airports in the original timeframe. | It is unclear whether BAA will have to sell the other airports in the original timeframe. |
| The Competition Appeal Tribunal said it would now allow more time to hear arguments from both sides as to what should happen next. | The Competition Appeal Tribunal said it would now allow more time to hear arguments from both sides as to what should happen next. |
| A fair-minded and informed observer would conclude that there was a real possibility of bias affecting the deliberations, thinking and ultimate outcome of the investigation Competition Appeal Tribunal's ruling | |
| BAA said it was pleased that the tribunal had upheld its appeal on the grounds of apparent bias and said further discussions should now take place with the Competition Commission as the tribunal suggested. | |
| A spokesman for the commission said it was reviewing the ruling and was planning to make further submissions to the tribunal, adding that the judge had made the ruling with "the greatest reluctance". | A spokesman for the commission said it was reviewing the ruling and was planning to make further submissions to the tribunal, adding that the judge had made the ruling with "the greatest reluctance". |
| Conflict | Conflict |
| BAA had argued that there was a conflict of interest because of links between a member of the commission panel and an organisation interested in buying the airports. | BAA had argued that there was a conflict of interest because of links between a member of the commission panel and an organisation interested in buying the airports. |
| BAA said that Professor Peter Moizer should not have been on the panel as he was a long-standing fee-paid adviser to to the Greater Manchester Pension Fund, which had links with Manchester Airport Group. | BAA said that Professor Peter Moizer should not have been on the panel as he was a long-standing fee-paid adviser to to the Greater Manchester Pension Fund, which had links with Manchester Airport Group. |
| The fund is governed by the 10 local authorities of Greater Manchester, which own all of the shares in Manchester Airport Group (MAG). | |
| MAG is a potential buyer for the airports BAA was told to sell, and it participated in the commission's investigation. | |
| "A fair-minded and informed observer would conclude that there was a real possibility of bias affecting the deliberations, thinking and ultimate outcome of the investigation," the tribunal said in its judgement. | |
| In making its ruling earlier in the year, the commission decided that the lack of competition in the south-east of England, where BAA also operates Heathrow, and in lowland Scotland was bad for passengers and airlines. | |
| In October, BAA, which was bought by Spanish firm Ferrovial for more than £10bn in 2006, announced the sale of Gatwick to investment fund Global Infrastructure Partners for a fee of £1.51bn. |