Air Navigation and Transport Act 2022

Commission to review market power of airport authorities

92. The Act of 2001 is amended by the insertion of the following section after section 8A:

“8B. (1) The Commission may from time to time carry out a review to assess the market power held by an airport authority in a relevant market in order to assist the Commission in carrying out its functions under this Act.

(2) The Commission shall carry out a review under subsection (1) when requested to do so by the Minister.

(3) The Commission shall specify the relevant market for the purposes of a review under subsection (1).

(4) Before carrying out a review under subsection (1), the Commission shall publish a notice setting out—

(a) that the Commission proposes to carry out a review to assess the market power held by an airport authority in a relevant market, and

(b) that submissions in respect of the review may be made to the Commission in writing before a date specified in the notice (being not less than one month from the date of publication of the notice).

(5) When carrying out a review under subsection (1), the Commission shall consider any submissions made to it under subsection (4)(b).

(6) The Commission shall furnish a report of the findings of the review to the Minister and shall, in that report, make recommendations on the regulation of airport charges.

(7) An airport authority shall, upon a request from the Commission, provide the Commission with such information as the Commission may reasonably require for the purposes of a review under subsection (1).”.