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Clause 8 contains provisions for the publication of market power determinations that the CAA makes under clause 7. Under subsection (1), after making a market power determination the CAA must publish a notice of the determination as soon as practical and send a copy to the operator of the airport area that is subject to the determination; to any other person who requested the determination; and to any bodies representing airport operators or airlines that the CAA considers appropriate.
If the CAA’s notice under subsection (3) does not include the reasons for the market power determination, the CAA must publish them as soon as practical and send a copy to those who received the original notice. Given the significance of such decisions, it is important that the CAA is required to publish them, and the reasons for them, as soon as is practical. An existing market power determination subsists until notice of a further market power determination is published as set out in clause 7(9). Accordingly, it is requisite to impose the specific duty for publication on the CAA.