Ryanair in legal move to quash 'gag order'
RYANAIR will ask the High Court on Monday for permission to challenge a decision which "gagged" a television debate about its offer to take over Aer Lingus.
Ryanair claims the direction from the Irish Takeover Panel, the state body responsible for monitoring and supervising takeovers in Ireland, stopping its CEO Michael O'Leary from taking part in debate on RTE's 'Prime Time' with Aer Lingus CEO Dermot Mannion, amounts to a "gagging order" and is a breach of its rights of freedom of expression.
Yesterday at the High Court, Mr Justice Iarflaith O'Neill granted Ryanair permission to put the takeover panel on notice of the airline's application seeking leave for orders quashing the panel's direction.
He made the case returnable to next Monday.
Counsel for Ryanair Martin Hayden said the panel's "blanket ban" was legally flawed, disproportionate, and unprecedented. Ryanair are seeking to quash the panel's direction, made on January 13 last, not to take part in RTE's 'Prime Time', which was due to be broadcast that evening, or any other rescheduled programme during the period which Ryanair's offer for Aer Lingus is active.
Breach
Ryanair is also seeking to quash the panel's ruling that the publication on behalf of the airline of an open letter in the Irish Independent on January 6 to the chairman of Aer Lingus constituted a breach of takeover rules.
It is also seeking an order quashing the panel's direction that Ryanair not make any announcements or publish any advertisements that relates to its offer for Aer Lingus unless pre-approved by the panel.
In an affidavit, Mr O'Leary said that the panel's contention that participation in the RTE programme would not be in the interest of equitable treatment of both parties and fair presentation was nonsensical.
He said that it was impossible to reconcile the panel's direction in light of the fact that the CEO's of both airlines had agreed to take part in the open television discussion.
The panel's censorship prevented a discussion on the merits of Ryanair's offer, and breached the parties rights to freedom of expression, he said.
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