Common use of Concluding Remarks Clause in Contracts

Concluding Remarks. Secondary slot trading offers scope for airlines planning to access airports to expand or start new services where no slots are readily available from the pool. However, in effect, secondary slot trading takes away allocation decisions from the formal coordination system, of which the independent coordinator is the central part. Allocation decisions may become based on an airlines’ willingness to pay and the divesting xxxxxxx’s view of how it can best protect its competitive position at an airport, rather than based on an independent assessment undertaken by the coordinator of the fairest allocation outcome to ensure the most optimal distribution of slots at the airport concerned and the best outcome for consumer choice. Instead of stimulating airport access, secondary slot trading may result in the reverse effect of increasing slot shares on the side of already dominant carriers. All things considered, the pros and cons of secondary slot trading call for a careful and tailor-made approach. Although secondary slot trading offers an alternative means to access super-congested airports, the practice also offers scope for the reinforcement of the dominant position of already dominant airlines, which could potentially nullify the potential for smaller 1217 See OFT and CAA, supra note 72. 1218 See Xxxxxx and Xxxxxxxx, supra note 114. 1219 See Odoni, supra note 61, at 88-89; See Xxxxxxx et al., supra note 67, at 18; Xxxxx and Xxxxxxxx, supra note 194, at 34. 1220 See NERA Economic Consulting, supra note 5, at 65. 1221 See Xxxxxxxxxx and Xxxx, supra note 465. 1222 See Xxxxxxxx et al., supra note 13, at 57. 1223 See DotEcon Ltd., supra note 64, at 19. 1224 See Xxxxxxx et al., supra note 67, at 15. 1225 See Finger et al., supra note 18, at 4. 1226 See Xxxxxxx et al., supra note 67, at 10. 1227 See Xxxxxxx et al., supra note 67, at 5. or medium-sized carriers to expand or start new services and gain competitive foothold at super-congested airports. Hence, Chapter 6 recommends that the implementation of secondary slot trading, if at all, should be paired with clear rules and conditions to avoid adverse impacts on capacity utilization, the public interest and, especially relevant to this dissertation: airport access. Another way to access a super-congested airport in the EU is through the use of ‘remedy slots’ made available based on concerns in the field of competition law, as to which see section 5.7.2 below. Section 5.7.1 reflects on the relationship between slots and competition law in a general sense, in which the imposition of slot remedies may play a role.