Common use of Fair Competition Clause in Contracts

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. Each Contracting Party shall allow a fair and equal opportunity for the designated airlines of both Contracting Parties to compete in providing the international air transportation gov­ erned governed by this Agreement. TIAS 12871. 2. Each Contracting 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 Contracting 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 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. Neither Contracting Party shall impose on the other Contracting Party’s designated airlines a first- 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 purposes of this Agreement. 4. Neither Contracting Party shall require the filing of schedules, programs for charter flights, or operational plans by airlines of the other Contracting Party for approval, except as may be required on a non-discriminatory basis to enforce the uniform conditions fore­ seen foreseen by paragraph 2 (2) of this Article or as may be specifically authorized in an Annex to this Agreement. If a Contracting Party requires filings for information purposes, it shall minimize the administrative burdens of filing requirements and proce­ dures procedures on air transportation intermediaries and on designated airlines of the other Contracting Party.

Fair Competition. 1. Each Contracting Party shall allow a fair and equal opportunity for the designated airlines of both Contracting Parties to compete in providing the international air transportation gov­ erned governed by this Agreement. TIAS 12871. 2. Each Contracting 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 Contracting 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 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. Neither Contracting Party shall impose on the other Contracting Party’s designated airlines a first- 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 purposes of this Agreement. 4. Neither Contracting Party shall require the filing of schedules, programs for charter flights, or operational plans by airlines of the other Contracting Party for approval, except as may be required on a non-discriminatory basis to enforce the uniform conditions fore­ seen foreseen by paragraph 2 of this Article or as may be specifically authorized in an Annex to this Agreement. If a Contracting Party requires filings for information purposes, it shall minimize the administrative burdens of filing requirements and proce­ dures procedures on air transportation intermediaries and on designated airlines of the other Contracting Party.

Fair Competition. 1. Each Party shall allow a fair and and. equal opportunity for the designated airlines of both -both Parties to compete in providing the international air transportation gov­ erned governed by this Agreement. TIAS 12871. 2. Each Party shall allow each designated airline to determine the frequency and capacity of the international air sir, 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 's designated airlines a first- 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 purposes of this Agreement. 4. Neither Party shall require the filing 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 nondiscriminatory basis to enforce the uniform conditions fore­ seen 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 proce­ dures procedures on air transportation intermediaries and on designated airlines of the other 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 transpor­ tation governed by this Agreement. TIAS 12871. (2. ) Each Party shall allow each designated airline to determine the frequency fre­ quency 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- 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 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 fore­ seen condi­ tions 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 purposespur­ poses, it shall minimize the administrative burdens of filing requirements and proce­ dures procedures on air transportation intermediaries and on designated airlines of the other 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 governed 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- first-refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to capacity, frequency or traffic traffic, applied to scheduled or charter air transportation, that would be inconsistent with the pur­ poses 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 fore­ seen 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 proce­ dures procedures on air transportation intermediaries and on designated airlines of the other 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 services covered by this Agreement. TIAS 12871. (2. ) Each Party shall allow each designated airline take all appropriate action within its jurisdiction to determine eliminate all forms of discrimination or unfair competitive practices adversely affecting the frequency and capacity competitive position of the international air transportation it offers based upon commercial considerations in airlines of the marketplace. Consistent with this right, neither other Party. (3) 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 air­ lines of the other Party, except as may be required for customs, technical, operational, oper­ ational 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 as foreseen by paragraph 2 (3) of this Article or as may be specifically authorized in an Annex to this AgreementArticle. If a Party requires filings for information purposespur- TIAS 12878 poses, it shall minimize the administrative burdens of filing requirements and proce­ dures procedures on air transportation services intermediaries and on designated airlines of the other Party. (5) In the operation by the airlines of either Party of the air services described in the Agreement, the interest of the airlines of the other Party shall be taken into consideration so as not to affect unduly the services which the latter provide on all or part of the same routes.

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 TIAS 12870 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. 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 gov- erned by this Agreement. TIAS 12871. 2. Each Party 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 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 TIAS 12851 be required on a non-discriminatory basis to enforce the uniform conditions fore­ 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 proce- dures on air transportation intermediaries and on designated airlines of the other Party.