The Australian Competition and Consumer Commission has proposed that "landside roads and associated vehicle facilities for dropping off and picking up passengers at Melbourne Airport" are considered "airport services" under section 192 of the Airports Act 1996.

The draft determination follows a request by Delta Car Rentals for a determination on the services it uses at Melbourne Airport. It is the first such request made under the Airports Act.

Delta Car Rentals operates off airport car rental services close to Melbourne Airport. It also offers short and long term car parking for airport users. Delta provides a shuttle bus service from its business site (on Mickleham Road) to the airport. This requires access to the airport to drop off and pick up passengers.

So far the company has not been able to agree on terms and conditions of access with Melbourne Airport.

"A determination would open the way for the ACCC to arbitrate the dispute if it cannot be resolved by negotiations between Delta and Melbourne Airport", ACCC Chairman, Professor Allan Fels, said today.

"It does not follow from this, however, that Delta will be granted free access or access on its preferred terms. If the final determination declares services the ACCC will in the first instance encourage parties to negotiate a mutually acceptable outcome. If the ACCC is called on to arbitrate it will aim to set efficient and equitable terms and conditions".

Other users of the facilities for purposes of dropping-off and picking-up facilities would also have a right to arbitration.

In assessing Delta's request for determination, the ACCC held public consultations, including a discussion paper, calls for submissions from interested parties and a public hearing. Today's draft determination continues the consultation process and interested parties can make written submissions for consideration before a final determination is made. A final determination should be released in six to eight weeks. Copies of the draft determination may be found on the ACCC web-site (www.accc.gov.au) under airports.