PART IVN.I.ECONOMIC REGULATION OF AIRPORTS

ConditionsN.I.

Valid from 10/11/2011

[F1Market power examinationsN.I.

31B—(1) The CAA may, whenever it considers appropriate, examine—

(a)whether an airport operator in relation to a regulated airport has, or is likely to acquire, substantial market power (whether alone or taken with such other persons as the CAA considers relevant), and

(b)if so, the nature and extent of that power.

(2) The CAA must carry out an examination under paragraph (1) (a “market power examination”) if it is asked to do so by—

(a)the Department, or

(b)a person who appears to the CAA to have a sufficient interest in the examination.

(3) Paragraph (2) does not apply if—

(a)the CAA has previously undertaken a market power examination in relation to the airport operator, and

(b)it considers that there has not been a material change of circumstances since the conclusion of that examination.

(4) As soon as practicable after each market power examination the CAA must—

(a)publish a report setting out its findings,

(b)send a copy of the report to the persons listed in paragraph (5).

(5) Those persons are—

(a)the airport operator that is the subject of the examination,

(b)the Department, and

(c)if the examination was carried out in respect to a request from another person, that person.

(6) In this Article “regulated airport” means an airport which is a regulated airport for the purposes of the Airport Charges Regulations 2011.]