Competition Law in Tourism

Existing International Civil Aviation Organization (ICAO) Policy and Guidance Material on Competition Luís Fonseca de Almeida 1. Introduction; 2. Provisions in the Chicago Convention; 3. ICAO Assembly Resolutions; 4. Conclusions and Recommendations of Air Transport Conferences; 4.1. Competition Laws; 4.2. Cooperation in the Field of Competition; 4.3. Competition Practices; 5. ICAO Policy Guiding; 6. Summary. 1. INTRODUCTION This chapter provides background information on existing International Civil Aviation Organization (ICAO) policy and guidance material on fair competition. While the term “competition” is used broadly to cover topics such as competition rules and policies, as well as fair competition, this chapter will only focus on the latter, which used to be addressed in the context of “safeguards for the liberalization of international air transport”. Existing policy and guidance material developed by ICAO on the economic regulation of international air transport, including those on competition, are contained mostly in their Doc 9587. 2. PROVISIONS IN THE CHICAGO CONVENTION Some general principles set out in the Convention on International Civil Aviation (Chicago Convention) may relate or apply to competition in international air transport. The Preamble of the Convention states “the undersigned governments having agreed on certain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner and that international air transport services may be established on the basis of equality of opportunity and operated soundly and economically” (Doc 7300).

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