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This article reviews the OFT's decision in the Flybe case. The OFT's theory of harm in this case was that Flybe's entry onto the air route between Gatwick Airport and Newquay Airport represented an abuse of a dominant position. The article finds that although the OFT's case could in principle be fulfilled, in practice the conditions required are so specific that they will rarely be met. However, the OFT's publication of a no grounds for action decision forms an important clarification of the law and economics on predation.
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