EXISTING INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO) POLICY 215 Fair Competition. In its 2008 Edition, Doc 9587, Policy and Guidance Material on the Economic Regulation of International Air Transport, included the TASA as its Appendix 5, with each Article having corresponding Explanatory Notes17. The texts of c) ICAO Guidance Material (Doc 9626) – in addition to the policy guidance contained in the Convention, Assembly Resolutions, Council decisions and conclusions, Recommendations of the Air Transport Conference, as well as those recommended by the ATRP, the ICAO Secretariat also produce guidance material in the form of manuals. The one that describes the regulatory practices of States and discusses some related key issues in air transport is Doc 9626, Manual on the Regulation of International Air Transport. Chapter 2.2 “Structure of Bilateral Regulation” is a relevant one, covering safeguards and competition; its section 2, which focuses on typical provisions of bilateral air services agreements, provides descriptions of “a fair and equal opportunity article”, “a fair competition article” and “a settlement of disputes article”. A description on the issue of “predatory pricing” can also be found in the Manual, in chapter 4.3 “Air Carrier Tariffs”. 6. SUMMARY The existing ICAO policy and guidance material on competition are composed of principles of the Chicago Convention, relevant Assembly Resolutions, results of Air Transport Conferences and work of the Air Transport Regulation Panel, as well as guidance material produced by the Secretariat. Detailed references of the source information are given in the paragraphs 2 to 7 above. Most can be found in Doc 9587, while the others in Docs 10022 (Assembly Resolutions in Force), 10009 (Report of ATConf/6), and 9626 (the Manual). 17 See Article 15 “Fair competition”, Article 18 “Safeguards” and Article 34 “Settlement of disputes”; full texts contained in Doc 9587, Appendix 5, pp. A5-21, A5-30 to A5-31 & A5-47 to A5-52, respectively.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==