961. Market power tests.

For these purposes1, an airport2 area3 is dominant4 if the Civil Aviation Authority ('CAA')5 has:

  1.  

    (1)     made a determination6 that the market power test is met in relation to the area7; and

  2.  

    (2)     published a notice of the determination8.

The market power test is met in relation to an airport area if the following tests are met by or in relation to the person who is the operator of the airport area9 at the time the test is applied10:

  1.  

    (a)     a test that the operator has, or is likely to acquire, substantial market power in a market, either alone or

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