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Bill Allan, Mar 21, 2007
On March 15, 2007, the European Court of Justice dismissed British Airways’ appeal against the judgment of the Court of First Instance which had upheld the Commission’s decision finding that BA’s travel agency incentive schemes infringed Article 82. The CFI’s judgment was a significant precursor to the Commission’s decision to initiate the review of Article 82 that led to the publication of its staff Discussion Paper in December 2005. It is, therefore, particularly interesting to consider what impact the ECJ’s judgment may have on the future course of that review (as to which, the Commission may publish a further paper later in the year).
