Truxal, S. (2014). Risk of abuse of dominance in airport slots for "better" European airports?. ECLR: European Competition Law Review, 35(6), pp. 299-309.
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This article explores the development of the European Union (EU) framework on airport slot allocation and exchange over the past two decades. Council Regulation (EC) 95/93 laid down common rules for the allocation of slots at Union airports, followed by four amendments (2002, 2003, 2004 and 2009) that represent a gradual, comprehensive revision process towards developing a more flexible system of airport slot allocation. First, this article considers key changes in the Parliament’s Amendments under two headings: “streamlining the regulation” and “legalisation of slot exchange”. Next, with reference to relevant case law of the Court of Justice of the European Union (CJEU) and the adopted “essential facilities” doctrine, this article discusses state-owned airports and possible “airport favouritism”, particularly relating to access, charges/fees and allocation of slots. Finally, this article examines the “legalisation” of market-based measures in the slot allocation system vis-à-vis slot exchange to query whether it will generate the first cases of abuse of dominance in airport slots and ultimately risk thwarting the objective of “better” European airports.
|Subjects:||K Law > K Law (General)|
|Divisions:||The City Law School > The City Law School - Academic Programmes|
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