The break-up of BAA and the blocked takeover of Bratislava airport by the competing Vienna airport have brought the issue of airport competition to the top of the agenda for air transport policy in Europe. Airport Competition reviews the current state of the debate and asks whether airport competition is strong enough to effectively limit market power. It provides evidence on how travellers chose an airport, thereby altering its competitive position, and on how airports compete in different regions and markets. The book also discusses the main policy implications of mergers and subsidies.

Aerospace Law and Policy Series Volume 12 Airport Competition Regulation in Europe focuses on the issue of airport charges and its impact on airport competition in the EU, especially following the introduction of EU Directive 12/2009 on airport charges. Over the last thirty years, airports within the EU including nearly a hundred newly built or rebuilt during that time have undergone a major economic transformation. From mere infrastructure providers, airports have become diversified and complex commercial enterprises in competition with each other. This book is the first and only one thus far to deal with the legal issues surrounding this important development, focusing on the impact of EU Directive 12/2009 on airport charges. What s in this book: Examining the use of airport infrastructure, the growing competition among airports, and the relations between airlines and airports, the author, a leading aviation law practitioner, covers such issues and topics as the following: types of charges landing, passenger, aircraft parking; pricing factors determining airport charges; vertical contractual relations between airports and airlines; airport market power and dominance; issues of consultation and transparency; ability of airlines and passengers to switch to alternative airports; application of State aid rules; security charges; environmental charges and schemes; and price discrimination and differentiation. This book first discusses the nature of airport charges, the factors determining their price and structure, and then, proceeds with an analysis of the basic provisions of the Directive and on the effects of its implementation in the EU Member States. Furthermore, this book encompasses the legal assessment of the current trend of vertical agreements between airports and airlines on the basis of existing case law by the Commission and ECJ on airport charges which is central to the above discussions. How this will help you: This book describes the evolution of the basic features of airport competition in the EU, and in particular, the issues of airport market power and State aid to airports which helps setting a successful strategy for airport charges. As an introspection of the economic regulation of EU airports due to the liberalization process, structural changes in the ownership status of many EU airports, and the emergence of new airline business models (such as low-cost carriers), this book serves as an indispensable tool for practitioners, policymakers, and academics in aviation law. "

Over the past thirty years, airports within the EU – including nearly a hundred newly built or rebuilt during that time – have undergone a major economic transformation. From mere infrastructure providers, airports have become diversified and complex commercial enterprises in competition with each other. This is the first and only book thus far to deal with the legal issues surrounding this important development, focusing on the impact of EU Directive 12/2009 on airport charges. Examining the use of airport infrastructure, the growing competition among airports, and the relations between airlines and airports, the author, a leading aviation law practitioner, covers such issues and topics as the following: - types of charges – landing, passenger, aircraft parking; - pricing factors determining airport charges; - vertical contractual relations between airports and airlines; - airport market power and dominance; - issues of consultation and transparency; - ability of airlines and passengers to switch to alternative airports; - application of state aid rules; - security charges; - environmental charges and schemes; and - price discrimination and differentiation. The presentation encompasses a critical analysis of the findings of case law, both international and European, on airport charges in the context of the new trend of airports and airlines concluding vertical agreements. As an examination of the economic regulation of EU airports due to the liberalization process, structural changes in the ownership status of many EU airports, and the emergence of new airline business models (such as low-cost carriers), this book, the only one of its kind, will quickly become indispensable to practitioners, policymakers, and academics in aviation law.

Once a byword for the economic power of national government - with competition strictly regulated - European commercial aviation has now virtually become a market without state-imposed anticompetitive restrictions. Although intended to enhance competition, this situation has in fact driven airlines to form massive global alliances cartels that offer ever-shrinking benefits to the consumer. In this extraordinarily thorough, blow-by-blow analysis of how this happened ? or was allowed to happen ? one of the world?s most eminent aviation law authorities explores the subject with a lucid insight fully informed by historical breadth and a keen appreciation of current pressures. Commercial aviation emerges as the crucible par excellence of the convergence of prevailing global ideology, economics, and international law. Among the numerous interrelated topics investigated in depth by Professor Dempsey, the following may be mentioned: the principal actors, including scores of airlines, the European Union, and a number of air transport associations; the labyrinth of bilateral air transport agreements; the relevance of the Treaty of Rome?s competition rules and the EU merger regulations to air transport; the important Court of Justice cases that circumscribed the zone of application in which the competition rules can regulate air transport: French Seamen?s Case, Transport Policy Decision, Olympic Airway, Nouvelles Fronti?res, Ahmed Saeed, and the 2002 `Open Skies? Decision; the 1991 U.S.-EC agreement regarding the application of competition laws; the sequence of EU aviation regulatory `packages?; regulation of non-economic issues (air traffic congestion, noise limitations, air carrier liability, civil aviation accident/incident investigations, denied boarding compensation); the effect of the U.S. government?s increasing invocation of antitrust immunity; computer reservation systems (especially code-sharing procedures); jointly-owned web sites for ticket sales and other e-commerce joint ventures; frequent flyer program alliances; and the emergence of global megacarriers. The author?s presentation emphasizes the regulatory constructs that currently affect the European air transport market: pricing and tariffs, pooling of revenue, market access (licensing, capacity limits, traffic rights, slot allocation), ground handlings, cargo services, state aid, and the power of the EU to act on the commercial aviation world stage for Member States. Each of these areas of analysis begins with an overview of the general regulatory environment for that area followed by a detailed chronological delineation of relevant packages, proposals, resolutions, and regulations. Because of the enormous role played by international air transport with respect to gross national product, employment, and energy consumption, European Aviation Law is of great importance not only to European lawyers but to officials, policymakers, practitioners, and academics in a number of relevant fields worldwide.

This book offers an extraordinary wealth of information, from the ground up, of the law governing and regulating air transport today, with a strong emphasis on international aviation. A team of distinguished authors in the field of aviation law provide a cogent synthesis from which sound legal opinions and strategies of legal action may be confidently built. Among the many topics here in depth are the following: definition and classification of airspace; distinction between civil and state aircraft; air navigation and air traffic control services; airport charges and overflight charges; structure of ICAO; standard-setting functions and audit functions of ICAO; functions of the International Air Transport Association (IATA); policy and effects of deregulation and liberalization of air transport policy; the International Registry for Aircraft Equipment; air carrier liability regimes and claims procedure; measures to combat aviation terrorism, air piracy and sabotage; and the Open Skies Agreements. This publication cites significant legislation and court rulings, including from the United States and the European Union, where far-reaching measures on market access, competition and passenger rights have set trends for other regions of the world. The special case of Latin America has a chapter to itself. At a time when commercial aircraft have been used as lethal weapons for the first time, aviation law finds itself in the front line of responsibility for maintaining global aviation security.

This tour d'horizon book reviews airport regulation and competition in different regions of the world and contrasts different policy perspectives. Organized in four parts, the first three examine, in turn, Australasia, North America, and Europe, while the last section looks at the institutional reforms that have taken place in these regions. The book covers the regulation of airports, and competition in different regions, as well as privatization policy, the interaction between airports and airlines, and regional economic impacts. It also examines the linkages between governance structures and forms of regulation. The book's global sweep embraces all the large aviation markets, bringing together the ideas and challenges of academic economists, airlines, airport managers, consultants and government regulators. As well as looking at different methods, degrees and paradigms of regulation it also spells out the stress-points, in a way that makes essential reading for airport operators, airline operations staff, as well as academic economists concerned with transport studies. It also offers interesting reading and important lessons for those concerned with regulation of the utility industries such as, telecommunications, water and power generation and distribution - where infrastructure can be subject to natural monopoly characteristics and where firms competing in downstream markets are dependent on the investment and operational strategies of the upstream infrastructure operator.

Competition authorities are increasingly interested in understanding the impact of their activities on markets and consumers. The goal is to improve competition policy rules and decision-making practices and to get robust evidence on the benefits of competition and competition policy for society as a whole. Discussions with competition authorities, practitioners and academics have shown the need to take stock of the experience gained in this field by the European Commission and to present it in an easily accessible way. The studies collected in this volume – prepared by senior Commission officials and competition policy experts – range from the ex post evaluation of specific policy interventions to the assessment of the broader impact of competition policy. The issues and topics examined include the following: objectives and scope of evaluations by the European Commission; description of counterfactual evaluation techniques used; conditions for a successful ex post evaluation of a competition policy intervention; a wide selection of individual cases covering a variety of economic sectors; applications in merger control, antitrust and State aid; direct benefits of competition policy interventions for consumers; deterrent effects of such interventions on market participants; and macroeconomic outcomes in terms of job creation, productivity and GDP growth. This matchless book assembles within a single volume all that is needed for competition policy analysts and practitioners to undertake ex post economic evaluations. While its collection of state-of-the-art ex post evaluation studies has a clear value for competition authorities, it is sure to be welcomed as well by competition law practitioners in the private sector, who will greatly appreciate the effort made to cast a critical eye on decisions taken in the past. Moreover, it allows for addressing some of the new challenges facing competition policymakers. Fabienne Ilzkovitz is Principal Advisor responsible for the economic evaluation of competition policy within the Directorate-General for Competition of the European Commission, and since 2014, she has coordinated various ex post evaluation projects in the Directorate-General. She is also Associate Professor of Economics in the Solvay Brussels School of Economics and Management at the Université Libre de Bruxelles, Belgium. Adriaan Dierx is Senior Expert on ex post economic evaluation within the Directorate-General for Competition of the European Commission. He has managed a number of studies aimed at assessing the economic impact of the European Commission’s competition policy interventions.