Airport Concessions Practice | Overview

Contacts

PHONE: 312.324.8612
PHONE: 202.434.1684

Our Airport Concession practice falls under the umbrella of the firm's Public-Private Partnership (P3) Industry practice. The primary initiative of the P3 practice is to provide counsel to clients involved in structuring partnerships between public sector agencies or authorities and private companies for the purpose of developing mutual economic opportunities.

Perkins Coie has a long history of providing comprehensive and cost-effective legal and business solutions tailored to airport concessions operations throughout the United States. Our experience includes providing expertise, guidance and counsel to airport concessionaires operating in the food and beverage, news and gifts, duty free, bookstore operation and specialty retail businesses. Our counsel includes (a) preparing prime concession operators and ACDBE Partners for their response to Request For Proposals (RFP) from local airport authorities; (b) negotiating (or re-negotiating) concession license agreements as well as concession lease and sublease agreements; (c) structuring joint venture partnerships for concession operations; (d) providing counsel to concessionaires with threatened or pending investigations by government authorities; (e) representing airport authorities with internal auditing procedures as to contractor compliance with the Department of Transportation (DOT) and Federal Airline Administration (FAA) DBE policies; and (f) providing counsel on Airport Concessions Disadvantaged Business Enterprises (“ACDBE”) certification issues.

A representative sample of applicable transactions includes:

Representation of Joint Venture Concession Operators under investigation by local government authorities.
Representation of airport authorities in internal audit investigations to ensure compliance with FAA and DOT guidelines on: (a) joint venture relationships between Prime Operator and certified ACDBE companies; (b) contractor compliance with DBE policies; and (c) reporting on the use of certified DBE construction and subcontractor companies.
Representation of Concession Licensors or Licensees in negotiating Concession License and Lease Agreements and disputes under the Retail Concession License Agreement.
Development of a Request for Qualifications (RFQ) process for Prime Concession Operators to select ACDBE joint venture partners; structuring the joint venture relationship between Prime Operator and ACDBE company, including counsel on issues of capitalization of ownership interest as well as control and management responsibilities.
Representation of Joint Venture Concession Operator through the local government contract approval process, which includes, if necessary, representation before aviation committees.
Representation of Concession Operators denied ACDBE certification.
Representation of a Concession Licensee in negotiating its construction contracts, as well as counsel on use of DBE subcontractors as required under federal regulations.
Representation of Prime Concession Operators and certified ACDBE companies in structuring and negotiating joint venture and subtenant agreements.