PART 1

Airports
CHAPTER 1

Regulation of operators of dominant airports

Dominant airports

Market power determinations
7
1
The CAA may make a determination that the market power test is or is not met in relation to an airport area (a “market power determination”) whenever it considers it appropriate to do so.
2
The CAA must make a market power determination in respect of an airport area if—
a
it is asked to do so by a person listed in subsection (3),
b
the area is located at an airport that is a large airport at the time the request is made, and
c
the area consists of or includes all or part of the core area of the airport.
3
Those persons are—
a
the operator of the airport area, and
b
any other person whose interests are likely to be materially affected by the determination.
4
For the purposes of subsection (2)(b), an airport is a large airport during a calendar year if, in the previous calendar year, the number of passenger movements at the airport exceeded 5 million.
5
Subsection (2) does not apply if—
a
the CAA has previously made a market power determination in respect of the airport area (or an area that includes all of the airport area), and
b
it considers that there has not been a material change of circumstances since that determination.
6
The CAA may treat a request under subsection (2) in respect of an airport area (“area A”) as if it were—
a
a number of requests in respect of a number of airport areas that consist of or include different parts of area A, or
b
a request in respect of an area that includes all of area A.
7
When choosing an airport area that is to be the subject of a market power determination, the CAA must have regard to the market or markets that are relevant for the purposes of test A (see section 6(3)).
8
The CAA may, in particular—
a
make separate market power determinations in respect of different areas which are located at the same airport and have the same relevant operator (within the meaning of section 6(2));
b
make a market power determination in respect of an airport area that consists of two or more areas that are not adjacent if the areas are located at the same airport.
9
A market power determination in respect of an airport area ceases to have effect if the CAA publishes a notice of a further market power determination in respect of the airport area or in respect of an area that includes all of the airport area.
10
Where the CAA—
a
publishes a notice of a market power determination in respect of an airport area (“determination A”), and
b
subsequently publishes a notice of a market power determination in respect of part of the airport area or in respect of an area that includes part of the airport area,
determination A ceases to have effect in relation to that part (but continues to have effect in relation to the rest of the airport area).
11
In this section “passenger movements” has the same meaning as in Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges.
S. 7 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)