The hon. Gentleman raises an interesting point on the definition of “circumstances”, and I must confess that it escaped me. Forgive me if he has mentioned this, but the clause also states that the CAA
“may make a market power determination… based entirely or partly on circumstances that have not arisen”.
If the circumstances have not arisen, how can the CAA anticipate what the circumstances might be? Subsection (2) states that the CAA “must specify the circumstances”, which have not arisen, and subsection (3) states that the CAA “may make a determination”. Is the hon. Gentleman also asking for clarity on those aspects?