PART 1

Airports
CHAPTER 2

Competition

Functions under Competition Act 1998
62
1
The functions of the Competition and Markets Authority (“the CMA”) specified in subsection (2) are to be concurrent functions of the CAA and the CMA.
2
Those functions are the CMA’s functions under Part 1 of the Competition Act 1998 (competition) so far as they relate to anything which—
a
is mentioned in subsection (3)(a) to (c), and
b
relates to the provision of airport operation services,
other than functions under sections 31D(1) to (6) , 35C , 38(1) to (6) , 40B(1) to (4) and 51.
3
Those things are—
a
agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,
b
conduct of the kind mentioned in section 18(1) of that Act, or
c
transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act).
4
References to the CMA in Part 1 of the Competition Act 1998 (including references in provisions of the Enterprise Act 2002 applied by that Part), other than in sections 31D(1) to (6) , 35C, 38(1) to (6) , 40B(1) to (4) and 51, are to be read as including a reference to the CAA.
5
But subsection (4) applies—
a
only so far as it is consequential on subsections (1) and (2), and
b
only if the context does not otherwise require.
Word in s. 62(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 199(2)(b) (with art. 3)
Word in s. 62(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 199(3) (with art. 3)
Word in s. 62(4) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 4(3); S.I. 2024/1226, regs. 1(2), 2(1)(16)
Word in s. 62(3)(b) inserted (31.12.2020) by S.I. 2019/93, Sch. 1 para. 14(3)(a) (as substituted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 26(b))
S. 62(3)(c) substituted (31.12.2020) for s. 62(3)(c)(d) by S.I. 2019/93, Sch. 1 para. 14(3)(b) (as substituted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 26(b))
Words in s. 62(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 199(2)(a) (with art. 3)
Words in s. 62(2)(4) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 51; S.I. 2014/416, art. 2(1)(f) (with Sch.)
S. 62 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)
Words in s. 62(4) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 13 para. 4; S.I. 2024/1226, regs. 1(2), 2(1)(17)
Word in s. 62(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 199(4) (with art. 3)
Word in s. 62(2) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 4(2); S.I. 2024/1226, regs. 1(2), 2(1)(16)
Word in s. 62(2)(a) substituted (31.12.2020) by S.I. 2019/93, Sch. 1 para 14(2A) (as inserted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 26(a))