Fair Competition. 1. Each Party shall allow a fair and equal opportunity for the designated airlines of both Parties to compete in providing the international air transportation governed by this Agreement.
2. Each Party shall allow each designated airline to determine the frequency and capacity of the international air transportation it offers based upon commercial considerations in the marketplace. Consistent with this right, neither Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the designated airlines of the other Party, except as may be required for customs, technical, operational, or environmental reasons under uniform conditions consistent with Article 15 of the Convention.
3. Neither Party shall impose on the other Party’s designated airlines a first-refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to capacity, frequency or traffic that would be inconsistent with the purposes of this Agreement.
4. Neither Party shall require the filing of schedules, programs for charter flights, or operational plans by airlines of the other Party for approval, except as may be required on a non-discriminatory basis to enforce the uniform conditions foreseen by paragraph 2 of this Article or as may be specifically authorized in an Annex to this Agreement. If a Party requires filings for information purposes, it shall minimize the administrative burdens of filing requirements and procedures on air transportation intermediaries and on designated airlines of the other Party.
Fair Competition. Each Contracting Party agrees:
a. that each designated airline shall have a fair and equal opportunity to compete in providing the international air services governed by this Agreement; and
b. to take action to eliminate all forms of discrimination and/or anti-competitive practices by that Contracting Party and/or its designated airline(s) that it deems to adversely affect the competitive position of a designated airline of any other Contracting Party.
Fair Competition. 1. Each Party shall allow a fair and equal opportunity for the designated airlines of both Parties to compete in providing the international air transportation gov erned by this Agreement. TIAS 12871
2. Each Party shall allow each designated airline to determine the frequency and capacity of the international air transportation it offers based upon commercial considerations in the marketplace. Consistent with this right, neither Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the designated airlines of the other Party, except as may be required for customs, technical, operational, or environmental reasons under uniform conditions consistent with Article 15 of the Convention.
3. Neither Party shall impose on the other Party’s designated airlines a first- refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to capacity, frequency or traffic that would be inconsistent with the pur poses of this Agreement.
4. Neither Party shall require the filing of schedules, programs for charter flights, or operational plans by airlines of the other Party for approval, except as may be required on a non-discriminatory basis to enforce the uniform conditions fore seen by paragraph 2 of this Article or as may be specifically authorized in an Annex to this Agreement. If a Party requires filings for information purposes, it shall minimize the administrative burdens of filing requirements and proce dures on air transportation intermediaries and on designated airlines of the other Party.
Fair Competition. 1. The Parties acknowledge that it is their joint objective to have a fair and competitive environment and fair and equal opportunity for the companies involved in air transport services of both Parties to compete in operating the agreed services on the specified routes. Therefore, the Parties shall take all appropriate measures to ensure the full enforcement of this objective.
2. The Parties assert that free, fair and undistorted competition is important to promote the objectives of this Agreement and note that the existence of comprehensive competition laws and of an independent competition authority as well as the sound and effective enforcement of their respective competition laws are important for the efficient provision of air transport services. The competition laws of each Party addressing the issues covered by this Article, as amended from time to time, shall apply to the operation of the air carriers within the jurisdiction of the respective Party. The Parties share the objectives of compatibility and convergence of competition law and of its effective application. They will cooperate as appropriate and where relevant on the effective application of competition law, including by allowing the disclosure, in accordance with their respective rules and jurisprudence, by their respective companies or other nationals of information pertinent to a competition law action by the competition authorities of the other Party.
3. Nothing in this Agreement shall affect, limit or jeopardise in any way the authority and powers of the relevant competition authorities and courts of either Party (and of the European Commission), and all matters relating to the enforcement of competition law shall continue to fall under the exclusive competence of those authorities and courts. Therefore, any action taken pursuant to this Article by a Party shall be without prejudice to any possible actions taken by those authorities and courts.
4. Any action taken pursuant to this Article shall fall under the exclusive responsibility of the Parties and shall be exclusively directed towards the other Party or to companies providing air transport services to/from the Parties. Such action shall not be subject to the dispute settlement procedure foreseen in Article 24.
5. Each Party shall eliminate all forms of discrimination or unfair practices which would adversely affect the fair and equal opportunity of the companies involved in air transport services of the other Party to compete in...
Fair Competition. Minimum requirements for partners
Fair Competition. 1. Each Contracting Party shall allow fair and equal opportunity for the designated airlines of both Contracting Parties to compete in providing the international air transport governed by this Agreement.
2. Each Contracting Party shall allow each designated airline to determine the frequency and capacity of the international air transport it offers based upon commercial considerations in the marketplace. Consistent with this right, neither Contracting Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the airlines designated by the other Contracting Party, except as may be required for customs, technical, operational or environmental reasons under uniform conditions consistent with Article 15 of the Convention.
3. Airlines designated by a Contracting Party may be required to submit their flight schedules for approval to the aeronautical authorities of the other Contracting Party at least thirty (30) days before the proposed date of their introduction. The same procedure shall apply to any modification thereof.
4. Neither Contracting Party shall allow its designated airline or airlines, either in conjunction with any other airline or airlines or separately, to abuse market power in a way which has or is likely or intended to have the effect of severely weakening a competitor or excluding a competitor from a route.
5. Neither Contracting Party shall provide or permit state subsidy or support for or to its designated airline or airlines in such way that would adversely affect the fair and equal opportunity of the airlines of the other Contracting Party to compete in providing international air transportation.
6. State subsidy or support means the provision of support on a discriminatory basis to a designated airline, directly or indirectly, by the state or by a public or private body designated or controlled by the state. Without limitation, it may include the setting-off of operational losses; the provision of capital, non-refundable grants or loans on privileged terms; the granting of financial advantages by forgoing profits or the recovery of sums due; the forgoing of a normal return on public funds used; tax exemptions; compensation for financial burdens imposed by the public authorities; or discriminatory access to airport facilities, fuels or other reasonable facilities necessary for the normal operation of air services.
7. Where a Contracting Party provides state subsidy ...
Fair Competition. 1. The Parties agree that it is their joint objective to have a fair and competitive environment in which the air carriers of the Parties enjoy fair and equal opportunities to compete in the provision of air transport services.
2. In order to attain the objective referred to in paragraph 1 of this Article, the Parties shall:
(a) adopt or maintain competition law;
(b) establish or maintain an operationally independent competition authority equipped with all necessary powers and resources, which shall effectively enforce the competition law of the Party. The decisions of the competition authority shall be subject to appeal and review by a court or tribunal of that Party;
(c) eliminate, within their respective jurisdictions, all forms of discrimination or unfair practices which would adversely affect the fair and equal opportunity of the air carriers of another Party to compete in providing air transport services. For the avoidance of doubt, nothing in paragraph 2(c) of this Article shall include the conduct described in paragraph 1(g) of Article 2; and
(d) not grant or maintain subsidies to any air carriers if these subsidies would adversely affect the fair and equal opportunity of the air carriers of another Party to compete in providing air transport services.
3. Notwithstanding paragraph 2(d) of this Article, the following may be granted:
(a) support to insolvent or ailing air carriers, provided that:
(i) this support is conditional on a credible restructuring plan based on realistic assumptions with a view to ensuring the return of the ailing air carrier within a reasonable time to long-term viability; and
(ii) the air carrier concerned, its investors or shareholders significantly contribute themselves to the costs of restructuring;
(b) temporary liquidity support to an ailing air carrier in the form of loans or loan guarantees limited to the amount needed merely to keep the air carrier concerned in business for the time necessary to work out a restructuring or liquidation plan;
(c) provided that they are limited to the minimum amounts needed to achieve their objective and that the effects on the provision of air transport services between the Parties are kept to a minimum:
(i) subsidies to make good the damage caused by natural disasters or exceptional occurrences;
(ii) subsidies to remedy a serious disturbance in the economy of one of the Parties;
(iii) subsidies to air carriers entrusted with the operation of clearly defined public service obligations...
Fair Competition. 1. The Parties agree that their air carriers shall enjoy fair and equal opportunities to compete in the provision of air transport services.
2. The Parties shall:
(a) prohibit, and where they exist, eliminate, within their respective jurisdictions and using their respective internal procedures and processes, any forms of discrimination or unfair practices which would adversely affect the fair and equal opportunity of the air carriers of the other Party to compete in providing air transport services;
(b) not grant or permit subsidies to any air carriers if such subsidies adversely affect the fair and equal opportunity of the air carriers of the other Party to compete in providing air transport services.
3. Notwithstanding point (b) of paragraph 2, the following may be granted:
(a) support to insolvent or ailing air carriers, provided that:
(i) such support is conditional on a credible restructuring plan based on realistic assumptions with a view to ensuring the return of the insolvent or ailing air carrier to long-term viability within a reasonable time; and
(ii) the air carrier concerned, its investors or shareholders significantly contribute to the costs of restructuring;
(b) temporary liquidity support to an ailing air carrier in the form of loans or loan guarantees limited to the amount needed merely to keep the air carrier concerned in business for the time necessary to work out a restructuring or liquidation plan;
(c) provided that they are limited to the minimum amounts needed to achieve their objective and that the effects on the provision of air transport services are kept to a minimum:
(i) subsidies to make good the damage caused by natural disasters;
(ii) in the case of Qatar, subsidies to remedy a serious disturbance in its economy; and, in the case of the EU and its Member States, subsidies to remedy a serious disturbance in the economy of one or more EU Member States;
(d) subsidies to air carriers entrusted with the operation of clearly defined public service obligations necessary to meet essential transport needs of the population which cannot be satisfied by market forces alone, provided that these subsidies are limited to a reasonable remuneration for the provision of the air services concerned.
4. The Parties shall ensure that each of its air carriers providing air transport services under this Agreement publicly issues, on at least an annual basis, a financial report and accompanying financial statement that is externally audited in compl...
Fair Competition. Each Party shall allow a fair and equal opportunity for the designated airlines of both Parties to compete in providing the international air transport governed by this Agreement.
Fair Competition. 1. The Contracting Parties recognise that the common objective is to create an environment of fair competition with fair and equal opportunities for air carriers of both Contracting Parties to compete in the operation of their approved services on specified routes. Consequently, the Contracting Parties shall take all appropriate measures to ensure that this objective is fully respected.
2. The Contracting Parties affirm that free, fair and undistorted competition is important to promote the objectives of this Agreement, and note that the existence of comprehensive competition law and an independent competition authority, as well as the healthy and effective application of their national competition law, are important for the effective provision of air transport services. The competition law of each Contracting Party dealing with issues covered by this Article, as amended periodically, shall apply to the activities of air carriers on the territory of each of the Contracting Parties. The Contracting Parties share the objectives of ensuring the compatibility and convergence of their respective competition laws and their effective application. They shall cooperate where this is necessary and justified for the effective application of competition law, in particular by authorising their air carriers or other nationals to communicate, in accordance with their respective rules and case law, relevant information on cases relating to competition law brought by the competition authorities of the other Contracting Party.
3. No provision of this Agreement shall affect or restrict the authority and powers of the competent competition authorities or the courts of either Contracting Party or of the European Commission or detract therefrom, and any questions relating to the application of competition law shall continue to fall within the exclusive competence of those competent authorities and courts. Any measure taken by a Contracting Party under this Article shall therefore be undertaken without prejudice to any possible measure which may be taken by those competent authorities and courts.
4. Any measure taken by virtue of this Article shall be the sole responsibility of the Contracting Parties and relate exclusively to the other Contracting Party or air carriers of the other Contracting Party providing air transport services to or from the Contracting Parties. Such a measure may not be the subject of a dispute settlement procedure within the meaning of Article 22 (Disput...
