SCHEDULES

SCHEDULE 1Appeals against determinations

Effect of suspending or setting aside market power determination

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(1)

This paragraph applies where—

(a)

the CAA publishes a notice of a market power determination (“determination A”) in respect of an airport area (“area Z”),

(b)

the CAA subsequently publishes a notice of another market power determination (“determination B”) in respect of all or part of area Z or in respect of an area that includes all or part of area Z,

(c)

determination A ceases to have effect in respect of all or part of area Z by virtue of section 7(9) or (10), and

(d)

there is subsequently an appeal under this Schedule against determination B.

(2)

If the effect of determination B is suspended under paragraph 1(3), determination A has effect again during the period of suspension, unless the Competition Appeal Tribunal orders otherwise.

(3)

If all or part of determination B is set aside at the end of a period of suspension, determination A continues to have effect after the end of the period of suspension, unless the Competition Appeal Tribunal orders otherwise.

(4)

If all or part of determination B is set aside otherwise than at the end of a period of suspension, determination A has effect again from the setting aside, unless the Competition Appeal Tribunal orders otherwise.

(5)

If the suspension or setting aside of determination B only affects part of area Z, or an area that includes part of area Z, the references in sub-paragraphs (2) to (4) to determination A are to be treated as references to that determination so far as it relates to that part of area Z.

(6)

Sub-paragraphs (2) to (4) do not apply if determination B is suspended or set aside only so far as it relates to an area that does not include any part of area Z.

(7)

Nothing in sub-paragraphs (3) to (5) affects the operation of section 7(9) or (10) where notice is published of a further market power determination in respect of all or part of area Z or in respect of an area that includes all or part of area Z.