Civil Aviation Act 2012

62Functions under Competition Act 1998U.K.

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(1)The functions of the [F1Competition and Markets Authority (“the CMA”)] specified in subsection (2) are to be concurrent functions of the CAA and the [F2CMA].

(2)Those functions are the [F3CMA’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 (d), and

(b)relates to the provision of airport operation services,

other than functions under sections 31D(1) to (6), 38(1) to (6)[F4 , 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,

(c)agreements, decisions or concerted practices of the kind mentioned in Article 101 of the Treaty on the Functioning of the European Union, or

(d)conduct which amounts to abuse of the kind mentioned in Article 102 of that Treaty.

(4)References to the [F5CMA] in Part 1 of the Competition Act 1998, other than in sections 31D(1) to (6), 38(1) to (6)[F4 , 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.