EXISTING INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO) POLICY 209 form of assistance to their airlines (…) However, States should bear in mind that provision of State aids/subsidies which confer benefits on national air carriers but are not available to competitors in the same market may distort trade in international air services and may constitute unfair competitive practices”. It further concluded that while in special cases “where State assistance can produce economic and/or social benefits (…) States should take transparent and effective measures accompanied by clear criteria and methodology to ensure that aids/subsidies do not adversely impact on competition in the marketplace”6. Among other key issues, the Sixth Worldwide Air Transport Conference (ATConf/6, 2013) addressed the topic of fair competition and adopted Recommendation 2.4/1, which calls for States to consider fair competition as an essential general principle in the operation of international air services7. In its Conclusions on safeguards, the Conference recognised that “the guidance developed by ICAO on safeguard measures pertaining to effective participation in international air transport, assurance of service and State aid/subsidies, essential air service, and avoidance of unilateral action, continues to be relevant, and should be kept current and responsive to changes and States’ requirements”. It adopted Recommendation 2.5/1, calling States “to give due regard to the principles agreed upon by the aviation community at the various ICAO fora pertaining to safeguard measures”, and ICAO to “actively promote and encourage States to use the relevant ICAO guidance”8. Additionally, the ATConf/6 recommended that “ICAO should develop a compendium of competition policies and practices in force nationally or regionally” (Recommendation 2.4/1 g). This online Compendium of competition laws, regulations and practices, along with forms of cooperation in the field of competition, has been developed by ICAO on the basis of information collected from itsMember States through a Competition Survey carried out in June 2015 and supplemented with research from publicly available information sources. In addition to individual States, information is also provided, whenever available, on regional organisations. The areas covered in the ICAO Competition Compendium are the following: Competition Laws (Anticompetitive Behaviours, By State and By Region), Cooperation in the Field of Competition (Bilateral, Regional and Multilateral) and Competition Practices (Competition Clauses, Model Clauses and Other Safeguards). 6 See full text of the Conclusions in Doc 9587, Appendix 4, p. A4-10. 7 See full text in Doc 10009-Report of ATConf/6, p. 27. 8 See full text in Doc 10009, pp. 28-29.
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