Aviation Competition Restoration Act

Summary

Aviation Competition Restoration Act - Amends Federal aviation law to prohibit, with a specified exception, an air carrier from acquiring, directly or indirectly, any voting securities or assets of another air carrier that results in such carrier's having more than ten percent of the passenger enplanements in the United States, if the Secretary of Transportation determines that such acquisition would: (1) lessen competition substantially; or (2) result in unreasonable industry concentration, excessive market domination, monopoly powers, or other conditions that would tend to allow at least one air carrier unreasonably to increase prices, reduce services, or exclude competition in air transportation at any large hub airport or in at least ten percent of the top 500 markets for passenger air transportation in the United States. Directs the Secretary to examine any hub airport affected by such a proposed acquisition to determine whether such airport has complied with the AIR 21 competition plan and whether gates and other facilities are being made available at costs that are fair and reasonable to air carriers at covered airports where a "majority-in-interest clause" of a contract or other agreement inhibits the ability of a local airport authority to provide new gates or other essential facilities. Prohibits an air carrier from acquiring, directly or indirectly, any voting securities or assets of another air carrier if the resulting air carrier would be a dominant air carrier at any large hub airport unless the Secretary finds that: (1) the resulting carrier will provide gates, facilities, and other assets at the hub airport on a fair, reasonable, and nondiscriminatory basis to another air carrier that meets specified requirements; or (2) gates, facilities, and other assets are available, or will be made available in a timely manner, on a fair, reasonable, and nondiscriminatory basis to accommodate competitive access to such airport by other air carriers. Requires the Secretary to investigate the assignment and usage of gates, facilities, and other assets by major air carriers at the largest 35 U.S. airports in terms of air passenger traffic. Directs the Secretary to require a major air carrier to make gates, facilities, and other assets available to other carriers on terms that are fair, reasonable, and nondiscriminatory to ensure competitive access to such airports if, based on such investigation, the Secretary determines that they are not available and that competition would be enhanced at those airports. Makes it an unfair method of competition in air transportation for a dominant air carrier at a dominated hub airport to: (1) fail to utilize gates, facilities, and other assets fully at that airport; and (2) refuse, deny, or fail to provide a gate, facility, or other underutilized asset at such airport, to another carrier on fair, reasonable, and nondiscriminatory terms upon request of the airport, the other air carrier, or the Secretary. Requires the Secretary to make airport improvement program grants for gates, related facilities, and other assets to enhance and increase competition among air carriers for passenger air transportation. Authorizes the Secretary to approve an application by an eligible agency for authority to impose a passenger facility fee for a project at a dominated hub airport if certain competitive access requirements with respect to gates, facilities, and other assets at such airport are met.

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Documents

6 official files

• Reported to Senate (text)

  Reported to Senate · EN · 19 December 2001

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• Reported to Senate (PDF)

  Reported to Senate · EN · 19 December 2001

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• Reported to Senate with amendment(s)

  summary · EN · 19 December 2001

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• Introduced in Senate (text)

  Introduced in Senate · EN · 28 February 2001

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 28 February 2001

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• Introduced in Senate

  summary · EN · 28 February 2001

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