CAA's powers under Competition Act and Enterprise Act for airports and air traffic services
The CAA has concurrent powers with the Office of Fair Trading (OFT) to enforce the prohibitions in the Competition Act as they relate to airport operation services (from 6 April 2013) and the supply of air traffic services. The prohibitions are:
The CAA also has powers to enforce the equivalent provisions relating to competition in the Treaty on the Functioning of the European Union (Articles 101 and 102 respectively) where the relevant behaviour may affect trade between Member States.
There are many types of conduct that could be covered by the prohibitions, examples include excessive pricing, price discrimination, predation, price fixing and refusal to supply.
If you are submitting a complaint to the CAA about conduct that you consider may be prohibited under the Competition Act, the CAA suggests you contact it either by e-mail at firstname.lastname@example.org or telephone 020 7453 6225. The information that the CAA would require in a written reasoned complaint is in the following document.
More information on the CAA's approach towards the enforcement of the prohibitions and how to complain to the CAA about anti-competitive conduct is available in the following CAA documents.
In enforcing the Competition Act, for the time being the CAA will also adopt the relevant guidelines published by the OFT. These are available on the OFT website.
Enterprise Act 2002
The CAA has concurrent powers with the OFT to make market investigation references to the Competition Commission under the Enterprise Act with respect to both airport operation services and the supply of air traffic services. The CAA is adopting the OFT's guidelines on market investigation references until such time as it considers it appropriate to publish more detailed guidelines.
From April 2014, the Competition and Markets Authority (CMA) will be responsible for the competition, mergers and markets regime in the UK and will take over the functions of the OFT and Competition Commission.
Section 41 of the Airports Act 1986
The CAA has residual powers to investigate certain types of anti-competitive conduct under section 41 of the Airports Act. The CAA's powers with respect to most airports cease with effect from 6 April 2013 when many of the provisions of the Civil Aviation Act 2012 replace those in the Airports Act. However, the CAA retains powers under section 41 with respect to Heathrow, Gatwick and Stansted until 1 April 2014. Information on the CAA's policy and processes for using its powers under section 41 and details of previous cases can be found on the section 41 page of the CAA website.
The CAA can also investigate complaints about the conduct of airports under some other pieces of legislation. Links to the relevant pages on the CAA's website on these pieces of legislation are below: