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Legal Issues Relating to Airports Promoting Competition (2019)

Chapter: ACKNOWLEDGMENTS

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Suggested Citation:"ACKNOWLEDGMENTS." National Academies of Sciences, Engineering, and Medicine. 2019. Legal Issues Relating to Airports Promoting Competition. Washington, DC: The National Academies Press. doi: 10.17226/25479.
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Page 36
Suggested Citation:"ACKNOWLEDGMENTS." National Academies of Sciences, Engineering, and Medicine. 2019. Legal Issues Relating to Airports Promoting Competition. Washington, DC: The National Academies Press. doi: 10.17226/25479.
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Page 36

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Legal Issues Relating to Airports Promoting Competition Copyright National Academy of Sciences. All rights reserved. ACKNOWLEDGMENTS This study was performed under the overall guidance of the ACRP Project Committee 11-01. The Committee was chaired by DAVID Y. BANNARD, Foley & Lardner, LLP, Boston, Massachusetts. Members are ROD C. BORDEN, Columbus, Ohio; JAY HINKEL, City of Wichita, Kansas; CLYDE OTIS, Post, Polak, Goodsell, and Strauchler P.A., Roseland, New Jersey; DANIEL S. REIMER, Denver International Airport, Denver, Colorado; and ELIZABETH SMITHERS, Charlotte Douglas International Airport, Charlotte, North Carolina. DAPHNE A. FULLER provides liaison with the Federal Aviation Administration, TOM DEVINE provides liaison with Air- ports Council International—North America, ROBERT J. SHEA provides liaison with the Transportation Research Board, and MARCI A. GREENBERGER represents the ACRP staff.

Legal Issues Relating to Airports Promoting Competition Copyright National Academy of Sciences. All rights reserved. Subscriber Categories: Aviation • Law These digests are issued in order to increase awareness of research results emanating from projects in the Cooperative Research Programs (CRP). Persons wanting to pursue the project subject matter in greater depth should contact the CRP Staff, Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine, 500 Fifth Street, NW, Washington, DC 20001. Transportation Research Board 500 Fifth Street, NW Washington, DC 20001

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The TRB' Airport Cooperative Research Program's ACRP LRD 37: Legal Issues Relating to Airports Promoting Competition explores permissible means and methods of encouraging and accommodating competition at U.S. airports. It discusses the history of how competition has been addressed by government and airports and provides the context of the concentration of air carriers and fixed-base operators (FBOs), the accommodation of air carriers with differing business models, and avoiding the grant of exclusive rights when aeronautical service providers merge.

Competition among airlines and FBOs at U.S. airports presents a myriad of issues for the airport sponsor, its executives and for local elected officials—all of whom themselves often face multidimensional challenges and needs. U.S. airports, and especially those which have used federal airport improvement funds, operate within a unique atmosphere.

Congress, through the enactment of airport funding legislation, created a broad and general framework within which airport sponsors must operate. Much of this general framework has been supplemented by United States Department of Transportation / Federal Aviation Administration and provides airport sponsors with some further guidelines within which airports must operate. This framework/guidance, however, relies largely upon general standards such as dealing with airlines and FBOs in a “reasonable” and “not unjustly discriminatory” manner. Given this fact, the resolution of competition issues at any particular airport is necessarily highly dependent upon the locally derived factual context and, therefore, requires locally derived solutions.

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