RYANAIR HAS rejected a request from the Irish Takeover Panel that their legal dispute should be held in private when the case comes before the High Court around lunchtime today.
It is understood that the takeover panel will seek an order from the court today for the proceedings to be held in camera, an unusual move in a commercial case.
If granted by the court, members of the public and the media would be blocked from attending the hearing, and reports of the case would be curtailed.
The takeover panel informed Ryanair of its plans on Friday in a letter to the airline’s legal adviser AL Goodbody.
The letter, which was sent by the takeover panel’s legal representative Mason Hayes Curran, asked Ryanair to agree to its proposal to have some or all of the hearing held behind closed doors. It also asked Ryanair not to publicise the case or the contents of the proceedings.
Ryanair’s legal adviser wrote back to the takeover panel and rejected both requests.
Ryanair, which has made a €748 million bid for Aer Lingus, will today ask the High Court for permission to bring a legal challenge to the takeover panel’s direction last week that its chief executive Michael O’Leary and Aer Lingus boss Dermot Mannion cannot be involved in a televised head-to-head debate on the takeover battle between the two airlines.
Ryanair has claimed that the takeover panel’s direction not to participate in the TV head-to-head or in other joint debates amounted to a gagging order, and breaches its right of freedom of expression.
Speaking to The Irish Timesyesterday, Mr O'Leary made it clear that he would oppose any request by the takeover panel to hold the case in private.
“There is no basis whatsoever for this hearing to be held in camera,” he said. “It’s fairly fundamental that this matter is held in public. What are they afraid of? This is nonsense.”
The takeover panel has made no public statement in relation to Ryanair’s legal challenge.
Ryanair and Aer Lingus have both had their wrists slapped by the takeover panel in the past couple of weeks in relation to statements and announcements made concerning the €1.40-a-share bid that has been tabled by Mr O’Leary.
On Friday, Aer Lingus issued a number of clarifications of information included in its defence document and statements it had earlier made in relation to its profitability and the likelihood of Ryanair being able to gain regulatory clearance for its proposed merger.
In his affidavit to the court last week, Mr O’Leary claimed that Aer Lingus had breached the takeover code on 17 occasions in relation to Ryanair’s offer for the airline.
On Friday, Mr Justice Iarfhlaith O’Neill agreed that the matter was urgent and said Ryanair could serve short notice on the takeover panel of the leave application to be heard today.
Aer Lingus and RTÉ – which sought to broadcast the debate last week on its Prime Timecurrent affairs programme – are notice parties to the proceedings.
Ryanair has set a February 13th deadline for acceptances to its cash offer to be received.
