December 22, 2024

DealBook: Regulators Block Ryanair’s Latest Attempt to Buy Aer Lingus

BRUSSELS – The European Commission on Wednesday blocked the third attempt by Ryanair to acquire Aer Lingus, saying a union of the two Irish airlines would damage competition and raise prices on air routes to Ireland.

The decision was widely expected after Ryanair — the largest budget carrier in Europe — said earlier that the commission would prohibit the deal, worth about 700 million euros ($900 million).

“The Commission’s decision protects more than 11 million Irish and European passengers who travel each year to and from Dublin, Cork, Knock and Shannon,” the European Union competition commissioner, Joaquín Almunia, said in a statement before a news conference.

Proposals made by Ryanair “were simply inadequate to solve the very serious competition problems which this acquisition would have created on no less than 46 routes,” Mr. Almunia said.

Shares of Ryanair were down 6 euro cents, at 5.60 euros, in afternoon trading in Dublin; Aer Lingus stock was up 1 cent, at 1.25 euros.

Aer Lingus, which had rejected Ryanair’s offers, said on Wednesday that it welcomed the commission decision. Ryanair, which owns about 30 percent of Aer Lingus, reiterated that it would appeal the decision to the European Court of Justice.

Ryanair accused Mr. Almunia of protecting Aer Lingus, the Irish flag carrier, against a takeover by an upstart. The company also contends that the regulator applied a double standard because he approved the takeover by British Airways and Iberia of British Midland International last year under a simplified procedure.

“We regret that this prohibition is manifestly motivated by narrow political interests rather than competition concerns, and we believe that we have strong grounds for appealing and overturning this politically inspired prohibition,” said Robin Kiely, a spokesman for Ryanair.

Prolonged litigation could have wider ramifications, making it more difficult for the Irish government to sell its 25 percent stake in Aer Lingus. Ireland agreed to sell that stake under the terms of an international bailout finalized in November 2010, although that agreement did not set a deadline for the sale.

The deal is the fourth Mr. Almunia has blocked since he took over as the region’s antitrust chief in February 2010. Last month, the commission thwarted the attempt by U.P.S. to buy TNT Express.

The decision on Wednesday is the latest chapter in years of acrimony between the commission and Ryanair’s pugnacious chief executive, Michael K. O’Leary, who has repeatedly criticized commission officials for decisions that curtailed his ambitions.

The enmity between Mr. O’Leary and the commission developed last decade when the two sides began a running battle over whether Ryanair received illegal state subsidies that enabled the airline to open up routes to regional airports. Those airports were often some distance from major transport hubs, but still close enough to lure passengers away from more established carriers.

Last year, the commission announced new investigations into the effect of discounts Ryanair had received at Lübeck-Blankensee Airport in Germany and the Klagenfurt regional airport in Austria.

Mr. O’Leary has sharply criticized the commission for failing to do more to save money by booking its officials on low-cost airlines like his own. Ryanair also has said its arrangements with all European Union airports comply with the bloc’s competition rules.

The competition authority blocked Ryanair’s first bid for Aer Lingus in 2007 on the grounds that the combined airline would have had a monopoly on too many routes. At the time, Mr. O’Leary accused the commission of bowing to political pressure from the Irish government, which opposed the deal. The airline abandoned a second attempt in 2009 because of opposition from the Irish government.

On Wednesday, Ryanair accused the commission of holding it to a higher standard than other airlines seeking mergers after it had offered “historic and unprecedented” concessions.

Among other items, Ryanair had offered to allow two competitor airlines to serve Dublin, Cork and Shannon; give those airlines more than half of the short-distance business currently belonging to Aer Lingus; agree to transfer airport slots in Britain to allow British Airways to serve Ireland from both Gatwick and Heathrow. Ryanair also had offered Flybe, a competitor, 100 million euros in financing to make it “a commercially profitable and viable entity” in Ireland.

On Wednesday, the commission outlined the reasons behind its decision.

It said that both Ryanair and Aer Lingus had strengthened their positions in the Irish market since the commission refused the previous deal in 2007, and that the merger would have created an “outright monopoly” on 28 short-distance routes serving Ireland. The commission also said there were such high barriers to entry to the Irish market that any new competitors would face too many challenges.

The commission’s “market investigation showed that there was no prospect that any new carrier would enter the Irish market after the merger, in particular by the creation of a base at the relevant Irish airports, and challenge the new entity on a sufficient scale,” it said in a statement. “Higher prices for passengers would have been the likely outcome.”

Article source: http://dealbook.nytimes.com/2013/02/27/european-regulators-block-ryanairs-latest-attempt-to-buy-aer-lingus/?partner=rss&emc=rss

Aer Lingus on Firmer Footing for New Challenges

DUBLIN — Christoph Mueller, the chief executive of Aer Lingus, accompanied the Irish prime minister, Enda Kenny, and other officials Friday on a flight aboard a restored 1936 De Havilland Dragon to mark the 75th anniversary of the airline’s first scheduled service.

The six-seat, twin-engined propeller plane was restored for the occasion by a volunteer team of Aer Lingus pilots and engineers — a “labor of love,” as Mr. Mueller put it, as well as a source of comfort at a moment of wrenching austerity and economic uncertainty across Ireland.

“I believe it has served a little bit as a campfire,” Mr. Mueller said during an interview in his office overlooking Terminal 2 at Dublin Airport. “I mean, 1936 were difficult times, too.”

Yet for Mr. Mueller, a German who took the helm of the struggling Irish flag carrier less than two years ago, Friday represents more than just a sentimental milestone.

“Out of 800 airlines in the world today, only about 13 are 75 years or older,” he said. “This proves that the airline business has always been very, very tough. Only a few make it.”

It also represents a turning point. After three-quarters of a century of state ownership — Aer Lingus was privatized in 2006, but the Irish government still owns a 25 percent stake — he said it was time for Dublin to let go.

“Maybe we are a bit of a late developer,” Mr. Mueller said, choosing his words carefully. “But after 75 years, I believe we are ready to finally leave the parents behind.”

Many industry executives and analysts have long argued that full Irish divestment from Aer Lingus is inevitable and that the company’s share price would also benefit if the stock were more widely held.

But there is less agreement about what an end to the state’s role may portend for the future ownership of Aer Lingus. The airline is seeking to reinvent its business model in the face of bare-knuckled competition from its low-cost rival, Ryanair, and pushing ahead with an aggressive turnaround program that aims to lower its employee head count by 20 percent and cut at least €100 million, or $141 million, in costs by the end of this year.

For one thing, the government is not the only big shareholder in Aer Lingus. Ryanair, whose headquarters are just across a parking lot from Mr. Mueller’s office at the airport, holds a nearly 30 percent stake in Aer Lingus, the legacy of two hostile takeover attempts — in 2006 and 2008 — that were flatly rejected by the Irish government and E.U. regulators as anti-competitive. Aer Lingus and Ryanair together control 70 percent of the Irish air travel market.

“If the Irish state were to try and place its shares into the market, there is the risk that Ryanair would try and snap them up unless there were some arrangement worked out with Ryanair beforehand,” said Stephen Furlong, an analyst at Davy Stockbrokers in Dublin.

The alternative, he and other analysts said, would be to sell to another investor, most likely one of Europe’s three major airlines: Air France-KLM, Lufthansa or the recently merged British Airways-Iberia, now known as the International Airline Group.

And therein lies the rub. “Any industrial buyer of Aer Lingus would probably be reluctant to have Ryanair as a large minority shareholder,” said Gerard Moore, an analyst at Merrion Capital in Dublin.

Representatives for all three groups said it was their policy not to comment on speculation about possible acquisitions.

Ryanair’s chief executive, Michael O’Leary, said he had long ago gotten the message from regulators and Aer Lingus employees, who own 14 percent of the airline, that a third offer for the carrier would be unwelcome. “We are still too emotive a subject here in Ireland,” Mr. O’Leary said.

After the €85 billion bailout Ireland received from the European Union and the International Monetary Fund last year, however, Mr. O’Leary said the government was under pressure to put its financial house in order.

Article source: http://www.nytimes.com/2011/05/28/business/global/28air.html?partner=rss&emc=rss