- High Court ruled daa breached competition law against ER Travel
- ER operates off-airport car hire at Dublin Airport since 2015
- Daa received over €34m from car hire concessionaires in 2024
- Judge found concerted practice between daa and on-airport firms
- Bye-laws exercised unlawfully to prevent competition from ER
The High Court rules that Dublin Airport operator DAA acted in clear breach of competition law when it sought to prevent a low-cost car hire firm from using facilities at Dublin Airport to pick up and drop off customers from its base outside the airport, the High Court has ruled. ER Travel Limited, which has been operating an off-airport car hire service at Dublin Airport since 2015, claimed DAA had infringed EU and Irish competition legislation by abusing its dominant position.
The company, which operates a similar model at Cork Airport, as well as other airports in England and the US, also argued daa had not afforded it fair procedures as well as maintaining that daa’s bye-laws relating to businesses operating at Dublin Airport were ultra vires. Lawyers for ER claimed that daa’s actions were motivated by its desire to protect revenue streams derived from its car hire concessionaires at Dublin Airport, who acted in concert to prevent it from operating its off-airport car hire business model.
In a 128-page ruling, Justice Max Barrett said the conduct of daa and other car hire firms was directed towards the practical object of preventing ER from using facilities at Dublin Airport, specifically the ability to pick up and drop off customers. The judge said such concerted practice constituted a clear breach of EU and Irish competition law by preventing, restricting or distorting competition for short-term car rental services at Dublin Airport. The judge ruled that there was no contractual obligation within tender documents to support the contention that it would be reasonable for licensed car-hire firms at Dublin Airport to expect DAA to intervene against ER on foot of a complaint.
Mr Justice Max Barrett shared “The conduct of DAA and other car hire firms was directed towards the practical object of preventing ER for using facilities at Dublin Airport. “Such concerted practice constituted a clear breach of EU and Irish competition law by preventing, restricting or distorting competition for short-term car rental services at Dublin Airport. DAA cannot elect to act unlawfully.”
