On 22 April 2016, the Civil Aviation Authority (CAA) and the energy regulator (Ofgem) joined forces on the make-up of the EDP (Enforcement Decision Panel). The CAA will now have access to the EDP for regulatory issues relating to competition.
The role of the EDP is to deal with regulatory-breach enforcement cases, from any contested stage through to settlement or award of financial penalty. Some 18 decisions have so far been reached since the EDP was first established by Ofgem in 2014.
In effect, the new arrangement means the EDP has jurisdiction over anti-competitive practices in relation to airport operations and air traffic control. The CAA’s exclusive jurisdiction remains intact and unaffected in terms of aviation safety and related matters.
Ofgem is the regulator of gas and electricity industries in the UK. Its jurisdiction is set out in the Gas Act 1986, the Electricity Act 1989, the Competition Act 1998 and the Utilities Act 2000.
The combining of the competition regulatory functions of the CAA and Ofgem in the EDP can only increase the efficiency of the investigatory and regulatory decision-making process. This is especially so given the appointment of John Swift QC as the chair of the EDP.
Watch this space for further civil aviation news.
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