CAA's powers under Competition Act and Enterprise Act for airports and air traffic services
The CAA has concurrent powers with the Competition and Markets Authority (CMA) to enforce the prohibitions in the Competition Act as they relate to airport operation services 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 email@example.com or telephone 020 7453 6225. The information that the CAA would require in a written reasoned complaint is in the following document.
A Memorandum of Understanding between the CAA and CMA sets out how they will, in practice, work together within the framework of competition law.
We consulted on guidance on the application of our competition powers that covers the whole breadth of our powers in relation to airport operation services and air traffic services - to undertake sector reviews, carry out market studies, make market investigation references to the CMA, and investigate competition infringements and super complaints. The guidance has been prepared to inform our stakeholders - businesses and their advisers, consumers, consumer groups, and other interested parties on how we will apply our competition powers and duties. It sets out how we will apply our concurrent competition powers and seeks to explain the interface between generally applicable competition law and aviation specific legislation. The closing date for responses was 8 January 2015. We are now considering responses and will be publishing the guidance in the first half of this year.
We also consulted on prioritisation principles that explain our approach in deciding which pieces of work to take forward in the areas of consumer protection, competition law and economic regulation. The closing date for responses was 8 January 2015. We are now considering responses and will be publishing the principles in the first half of this year.
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 has adopted the relevant guidelines published by the CMA. These are available on the CMA website.
Enterprise Act 2002
The CAA has concurrent powers with the CMA to make market investigation references to the CMA under the Enterprise Act with respect to both airport operation services and the supply of air traffic services.
Contestability of Terminal Air Navigation Services in the UK
The CAA, at the request of the Department for Transport is assessing the contestability of the market in provision of ANSP terminal services in the UK. Information about the review is available on our website via this link.
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: