Article 4 Initiation of proceedings

United Kingdom

An investigation shall be initiated following a written complaint submitted by F1...one or more F2United Kingdom air carriers or an association of United Kingdom air carriers, or on the F3CAA’s own initiative, if there is prima facie evidence of the existence of all the following circumstances:

(a)

a practice distorting competition, adopted by a third country or a third-country entity;

(b)

injury or threat of injury to one or more United Kingdom air carriers; and

(c)

a causal link between the alleged practice and the alleged injury or threat of injury.

When it receives a complaint pursuant to paragraph 1, the F4CAA shall inform F5the Secretary of State.

The F6CAA shall examine, in a timely manner, the accuracy and adequacy of the elements provided in the complaint or at the disposal of the CAA, in order to determine whether there is sufficient evidence to justify the initiation of an investigation in accordance with paragraph 1.

The F7CAA shall decide not to initiate an investigation where the facts put forward in the complaint neither raise a systemic issue nor have a significant impact on one or more United Kingdom air carriers.

The F8CAA shall inform the complainant and F9the Secretary of State where it has decided not to initiate an investigation. The information provided shall contain the reasons for the decision. F10...

Where the evidence presented is insufficient for the purposes of paragraph 1, the F11CAA shall inform the complainant about such insufficiency within 60 days of the date on which the complaint was lodged. The complainant shall be given 45 days to provide additional evidence. Where the complainant fails to do so within that time limit, the CAA may decide not to initiate the investigation.

Subject to paragraphs 4 and 6, the F12CAA shall decide whether to initiate an investigation in accordance with paragraph 1 within a maximum period of five months of the lodging of the complaint.

Subject to paragraph 4, when the F13CAA considers that there is sufficient evidence to justify initiating an investigation, the CAA shall take the following steps:

(a)

initiate the proceedings and notify the F14Secretary of State thereof;

(b)

publish a notice in F15its Official Record; the notice shall announce the initiation of the investigation, indicate the scope of the investigation, the third country or third-country entity which has allegedly been engaged in practices distorting competition and the alleged injury or threat of injury, the United Kingdom air carriers concerned, and state the period within which interested parties may make themselves known, present their views in writing, submit information or apply to be heard by the CAA. That period shall be at least 30 days;

(c)

F16request the Secretary of State to officially notify the representatives of the third country and third-country entity concerned of the initiation of the investigation;

(d)

inform the complainant F17... of the initiation of the investigation.

Where the complaint is withdrawn prior to the initiation of the investigation, the complaint is considered not to have been lodged. This is without prejudice to the right of the Commission to initiate an investigation on its own initiative in accordance with paragraph 1.

Annotations

Textual amendments

F1: Words in Art. 4(1) omitted (31.12.2020) by virtue of The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in Art. 4 substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3: Word in Art. 4(1) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4: Word in Art. 4(2) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(5)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F5: Words in Art. 4(2) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(5)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F6: Word in Art. 4(3) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(5)(d); 2020 c. 1, Sch. 5 para. 1(1)
F7: Word in Art. 4(4) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(5)(e); 2020 c. 1, Sch. 5 para. 1(1)
F8: Word in Art. 4(5) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(5)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)
F9: Words in Art. 4(5) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(5)(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F10: Words in Art. 4(5) omitted (31.12.2020) by virtue of The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(5)(f)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F11: Word in Art. 4(6) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(5)(g); 2020 c. 1, Sch. 5 para. 1(1)
F12: Word in Art. 4(7) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(5)(h); 2020 c. 1, Sch. 5 para. 1(1)
F13: Word in Art. 4(8) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(5)(i)(i); 2020 c. 1, Sch. 5 para. 1(1)
F14: Words in Art. 4(8)(a) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(5)(i)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F15: Words in Art. 4(8)(b) substituted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(5)(i)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F16: Words in Art. 4(8)(c) inserted (31.12.2020) by The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(5)(i)(iv); 2020 c. 1, Sch. 5 para. 1(1)
F17: Words in Art. 4(8)(d) omitted (31.12.2020) by virtue of The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/1224), regs. 1(2), 3(5)(i)(v); 2020 c. 1, Sch. 5 para. 1(1)