Reference of Gatwick Airport to the Competition Commission
The Civil Aviation Authority ('CAA'), pursuant to its duties under sections
40(9) and 43 (1) of the Airports Act 1986, hereby refers to the Competition
Commission ('the Commission') the questions set out below relating to
Gatwick Airport Ltd.
For the purposes of this reference, terms shall have the same meaning
as in the Airports Act 1986.
The Commission shall upon this reference investigate and report on the
following questions:
- what are the maximum amounts that should be capable of being levied
by Gatwick Airport Ltd by way of airport charges at Gatwick Airport
during the period of five years beginning on 1 April 2003;
- whether Gatwick Airport Ltd has at any time during the period beginning
with 11 December 1995 (the date of the previous reference) and ending
with the date of this reference pursued:
- in relation to any airport charges levied by it at Gatwick Airport,
or
- in relation to any operational activities carried on by it and relating
to Gatwick Airport,
or
- in relation to the granting of a right by virtue of which any operational
activities relating to Gatwick Airport may be carried on by any other
person or persons,
a course of conduct which has operated or might be expected to
operate against the public interest;
- if so, whether the effects adverse to the public interest which
the course of conduct falls within (b) or (c) above has had, or might
be expected to have, could be remedied or prevented by the imposition
of any conditions in relation to Gatwick Airport or by the modification
of any conditions already in force in relation to Gatwick Airport.
Pursuant to Sections 44(1) and (2) of the Airports Act 1986 the CAA is
providing to the Commission as part of this reference documents which
set out its views for the setting of the condition on airport charges
from 1 April 2003 and other matters related to the reference for the purpose
of assisting the Commission in carrying out an investigation.
The Commission shall report on this reference within a period of six
months beginning on the date hereof.
28 February 2002
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