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ARTICLE · 15 NOVEMBER 2010

OFT to Take no Action Against Flybe

SJ Berwin LLP
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The Office of Fair Trading ('OFT') has concluded that it has no grounds to take action against low cost airline Flybe over alleged predatory behaviour.

United KingdomAntitrust/Competition Law
SJ Berwin'S EU & Competition Team
SJ Berwin'S EU & Competition Team

The Office of Fair Trading ('OFT') has concluded that it has no grounds to take action against low cost airline Flybe over alleged predatory behaviour.

In 2009 Air Southwest called on the OFT to investigate whether Flybe's entry on to the Newquay to London Gatwick route in competition with Air Southwest amounted to predation in breach of Article 102 and/or the Chapter II prohibition.  It was alleged that Flybe's entry was intended to drive Air Southwest out of either the Plymouth to Newquay to London Gatwick route or eliminate Air Southwest as a competitor at Plymouth Airport more widely.

Having assessed the evidence, the OFT considers that it does not have sufficient evidence to proceed against Flybe and has issued a 'No Grounds for Action' decision.  In particular:

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