The Commission’s Analysis Sample Clauses
The "Commission’s Analysis" clause defines the process by which a commission or regulatory body reviews and evaluates relevant information or proposals within an agreement. Typically, this clause outlines the scope of the commission’s review, the criteria it will use, and the procedures for submitting materials or responding to inquiries. For example, it may specify timelines for analysis, the types of data to be considered, or the manner in which findings will be communicated to the parties involved. The core function of this clause is to ensure a transparent and structured approach to decision-making, providing clarity on how the commission’s conclusions are reached and communicated.
The Commission’s Analysis. 32. The Commission accepts that the service market is air passenger services between Malaysia and the Americas. In line with the Commission’s previous decisions, including the Commission’s 2017 NH-UA Decision, the geographical market is defined by O&D city-pairs between Malaysia and the Americas.
33. The Commission also adopted its findings in its previous decisions in relation to the different aspects of defining the service market. For the purposes of the Parties’ Application, and in accordance with the Commission’s previous decisions, the Commission did not make any distinction between time-sensitive and non-time sensitive passengers. The Commission also did not find any other mode of transport to be substitutable with air passenger services between Malaysia and the Americas. Further explanation of the above aspects of the service market can be viewed in the Commission’s 2017 NH-UA Decision, the Decision for the Individual Exemption Application by Singapore Airlines Limited and Deutsche Lufthansa AG2, and the Decision for the Individual Exemption Application by Malaysia Airlines Berhad and Japan Airlines Co. Ltd.3
34. The Commission had also previously found that indirect services are substitutable to direct services where the services are long-haul flights. Due to the significant amount of travelling time between Malaysia and the Americas, and in line with the Commission’s previous decisions, the Commission finds that itineraries with more than one stop are substitutable with one-stop services. The Parties themselves carry passengers on itineraries that have more than one stop. The Commission has also found that distinctions between one-stop services and services with more than one stop do not materially affect its findings. Therefore, for the purposes of this assessment, the Commission will treat multiple-stop services as part of the same market as direct or one- stop services.
The Commission’s Analysis. The JVA, which is a horizontal agreement aiming to achieve metal neutrality between the Parties, falls within the definition of an agreement prohibited under section 49 of Act 771 and has the object of significantly preventing, restricting, or distorting competition in any aviation service market by virtue of subsection 49(2) of Act 771.
The Commission’s Analysis. The Commission places more emphasis on 2019 data as compared to data from 2020 and 2021 as the data during those years were significantly affected by the COVID-19 pandemic and do not reflect the usual market conditions. The Commission considers data from 2019 as more accurately reflecting post-COVID-19 market conditions. Therefore, the Commission places more reliance on data from 2017 and 2019 to indicate pre-JVA and post-JVA periods, respectively, in conducting its analysis to verify the Parties’ claims. Nevertheless, the Commission had also considered 2020 – 2021 data and took into account significant trends occurring during the period in the Commission’s analysis.