ACRP Legal Research Digest 37: Legal Issues Relating to Airports Promoting Competition

This 2019 legal research digest examines how U.S. airports can legally encourage competition among airlines and fixed-base operators (FBOs) while complying with federal grant requirements. It covers the impact of airline industry consolidation, the rules airports must follow to avoid unfair discrimination or granting exclusive rights, and practical strategies for accommodating carriers with different business models.

Notes

ACRP Legal Research Digest 37, prepared by Eric T. Smith of Kaplan Kirsch & Rockwell LLP for the Airport Cooperative Research Program (ACRP) under TRB Project 11-01, Topic 09-02. Covers legal issues relating to airports promoting competition among airlines and fixed-base operators (FBOs) at U.S. airports. Topics include AIP grant assurances, unjust discrimination, exclusive rights, Airline Deregulation Act, Passenger Facility Charges, air carrier incentive programs, gate access disputes, FBO minimum standards, rates and charges methodologies, unbundling of FBO services, requests for proposals, and competition plans. Addresses DOT/FAA regulatory framework, airline industry consolidation leaving four major network carriers, Ultra Low Cost Carriers, FBO industry consolidation, and airport sponsor obligations under federal grant assurances.

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