December 2009
BAA (British Airports owned by Spain’s) wins its appeal against an order to sell three of its seven UK airports.
Office of Fair Trading asks the UK’s Competition Commission in March 2007 to investigate BAA's ownership of seven UK airports
Office of Fair Trading wanted to determine if BAA’s ownership of airports made the supply of airport services in the UK uncompetitive. March 2009:
Competition Commission in March 2009 orders BAA to sell Stansted and Gatwick to different
buyers and sell either Edinburgh or Glasgow airport to introduce more competition
BAA challenges the ruling in May 2009 on the grounds of apparent bias on the panel, and that the remedies were disproportionate.
Tribunal upholds the appeal in December 2009 on the grounds of apparent conflict of interest
BAA has already sold Gatwick to Global Infrastructure Partners for $2.4B. It is unclear if BAA will have to sell other airports.
Competition Commission ruled in March 2009 that BAA must sell Gatwick, Stansted and either Edinburgh or Glasgow airports within two years.
Competition Appeal Tribunal will now allow more time to hear arguments from BAA and the Commission as to what should happen next.
Euro is credit challenged due to the rising risk of country bails for the likes of Greece, Spain and Portugal. A weaker Euro favors Airbus over Boeing.
Octobeer 2009
Delta Air Lines extended its lease at Hartsfield-Jackson Atlanta airport, its largest hub, until 2017.
Atlanta City Council authorized $800M in bond financing to complete the development of the Maynard Holbrook Jackson, Jr. International Terminal, work that began in 2008.
August 2009
Airport gate leases. About 8% of airports have terminal leases of 10 years or longer, about 82% have terminal lease terms that are 5 years or less, up from 71% with leases of similar duration 5 years ago, says ACI.
Airport gate leases: Under the current Atlanta gate-lease, airlines’ costs amount to less than $5 per passenger, vs. $17 at New York’s JFK & $11 at LaGuardia.
Airport gate lease rates: The new 30-year 142-gate/terminal lease at Hartsfield-Jackson Atlanta International Airport will cost Delta $1.35 Bn.
Hartsfield-Jackson Atlanta International Airport has 182 gates & is adding 12 more. Delta & its regional partners transport 73% of the airport’s passengers.
Airports are factories for airlines, and cost between $5 & $10 per enplanement.
August 2009
Slot swap: Delta & US Air have agreed to trade slots (time-specific landing rights) that will make Delta stronger in New York and US Air stronger in Washington, D.C.
Slot swap: Continental & AirTran propose to swap at LaGuardia, Reagan National & Newark airports.
Summer 2009
Administration had no legal authority
to auction airport slots
The Associated Press reported from Washington (October 2008) that U.S. aviation officials have no legal authority to auction takeoff and landing slots at New York City airports, a scheme the government devised to try to curb crippling traffic jams at major airports, congressional investigators said.
The legal opinion from the Government Accountability Office came amid a legal fight among airlines, airport operators and the Federal Aviation Administration over the U.S. Administration's plan to trim flight delays by auctioning off slots at New York City-area airports.
The opinion was another blow to administration officials who had hoped to get their air traffic experiment off the ground before they leave office in January 2009.
"We conclude that FAA may not auction slots under its property disposition authority, user fee authority, or any other authority, and thus also may not retain or use proceeds of any such auctions," GAO general counsel Gary Kepplinger said in a letter to lawmakers who had sought the legal opinion.
The GAO's top lawyer concluded that for the first time in 40 years, the FAA claimed it may assign airspace as its "property," but the laws covering the FAA were never written to include such a definition of property.
Transportation Department spokesman Brian Turmail said the GAO was unfamiliar with aviation law, and had little time to study it before reaching its conclusion.
"Should Congress give the agency an opportunity to conduct a more thorough review, we are confident that GAO will better understand both the validity and the effectiveness of our approach," Turmail said in a statement.
A number of congressional lawmakers had requested the legal opinion as they tried to stop the FAA's limited tryout of a slot auction in the fall of 2008 at Newark Liberty International Airport.
"This once again shows that the DOT needs to put a stop to this ideological battle that would cause chaos at New York airports. The administration has tried to jam through a half-baked plan that can't even be implemented," said Sen. Charles Schumer (D-N.Y)., one of the agency's biggest critics.
Then Transportation Secretary Mary Peters proposed the auction plan after widespread complaints in 2007 about rampant flight delays across the country. The government claimed two out of three flights delayed 15 minutes or more were due to cascading backups beginning at one of the New York metropolitan area's three airports: Newark, Kennedy and LaGuardia.
Trying to fix the problem, the government imposed new limits on the airports and announced plans to auction off some takeoff and landing slots to control the crushing demand for time and space. By auctioning slots, the government reasoned, market forces will help restrain such demand and make the system operate more efficiently.
Opponents sued.
Airlines and airports contend the auction proposal will add new costs and make a mess of day-to-day airport operations.
The government pressed ahead with a trial effort at Newark to auction off just two slots, but an internal FAA agency told them to wait.
An agency order lifting that stay was issued after the GAO legal finding, meaning the agency could in theory proceed with its trial auction in Newark.