COMPETITION LAW: ONLINE TRAVEL AGENTS AND AIRLINES arising from the agents’ practice of screen-scraping its flights. These proceedings have been rumbling through the Irish courts since that time, with various periods of activity and inactivity on the part of the airline; but it would appear that they are now active and that Ryanair wishes to pursue them within the Irish jurisdiction. 4. THE ON THE BEACH PROCEEDINGS IN ENGLAND In the meantime, on 10th June 2021 OTB issued proceedings against Ryanair within the courts of England and Wales alleging abuse of a dominant market position, and the tort of causing loss by unlawful means, and claiming damages and injunctive relief accordingly. Ryanair denies that its conduct is anti- -competitive and intends to defend the claim on the basis that OTB’s screen- -scraping practice amounts to a breach of contract and an infringement of its intellectual property rights. In a broad sense, these proceedings relate to the same type of business practices as those complained of by Ryanair in the Irish proceedings, and accordingly, the first salvo in the case was fired by Ryanair in the form of a jurisdictional challenge; it was said that the English courts should stay the proceedings within their jurisdiction because they are related to the Irish proceedings, and the Irish courts were first seised of them. It was common ground between the parties that the application was governed by the pre-Brexit regime5, thus the matter was considered by the English High Court by reference to the recast Brussels Convention6 (‘recast Brussels’). Pursuant to Article 29(1) of recast Brussels: “Without prejudice to Article 31(2), where proceedings involving the same cause of action and between the same parties are brought in the courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.” Pursuant to Article 30 of recast Brussels: “(1) Where related actions are pending in the courts of different Member States, any court other than the court first seised may stay its proceedings. (2) Where the action in the court first seised is pending at first instance, any other 5 This was because the Irish proceedings were instituted prior to Exit Day. 6 EU Regulation 1215/2012.
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