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H7 Heathrow Airport Licence modification appeals

Competition Markets Authority

May 11
13:31 2023

Timetable for applications to intervene

Date Action
22 August 2023 Statutory deadline for final determination (*)
22 May 2023 Deadline for applications for permission to intervene (following leave granted for late submission)
11 May 2023 Permissions to appeal granted (statutory deadline was 16 May 2023)
2 May 2023 CAA notified the CMA that it did not intend to contest the applications for permission to bring an appeal
17 and 18 April 2023 Permission to appeal sought by 4 parties

(*) The CMA may extend the appeal period by not more than 8 weeks (ie 17 October 2023) if it is satisfied that there are good reasons for doing so.

Applications for permission to intervene - leave for late submission

11 May 2023: The CMA has granted leave for submission of applications for permission to intervene by no later than 5pm on 22 May 2023.

CMA decisions on permission

11 May 2023: The CMA has granted permission to appeal on all grounds pleaded by British Airways plc, Delta Air Lines Inc, Heathrow Airport Ltd and Virgin Atlantic Airways Ltd.

Permission is granted subject to the conditions that the following common grounds of appeal are considered together across appellants:

  • RAB Adjustment
  • Cost of Capital grounds with the following sub-grounds:
    • Alleged errors in estimating the asset beta
    • Alleged errors in estimating the cost of debt
    • Alleged errors in selecting a point estimate for the WACC
  • Passenger Forecast/Forecasting

Notices of appeal

On 17 April 2023, Heathrow Airport Ltd and on 18 April 2023, British Airways plc, Delta Air Lines Inc and Virgin Atlantic Airways Ltd applied for permission to appeal against the Civil Aviation Authoritys (CAA) H7 Final Decision of 8 March 2023. The CAAs H7 Final Decision is a decision made under section 22 of the Civil Aviation Act 2012 which sets the price control and associated regulatory framework that applies to Heathrow Airport Ltd during the H7 price control period (1 January 2022 until 31 December 2026).

More information on the CAAs decision and these appeals is available on the CAAs website.

Contact

Any queries or submissions relating to this matter should be sent toH7_Appeal@cma.gov.uk.

Published 20 April 2023
Last updated 11 May 2023 +show all updates
  1. Leave for late submission and decisions on permission to appeal published.

  2. Parties notices of appeal published and timetable for considering applications to appeal updated.

  3. First published.

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