La Gaitana Farms SA and others v British Airways plc and others

Competition – Charges. In deciding an appeal from a preliminary issue, the Court of Appeal, Civil Division, agreed with the trial judge and dismissed the claimants' appeal. It held that the wording of art 101 of the Treaty on the Functioning of the European Union made clear that an agreement or decision would only be prohibited and thus automatically void if there had been a determination to that effect by an entity with the power to make such a determination. Under the transitional regime, that was only a national competition authority under art 104 or the European Commission under art 105.

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