Competition Law in Tourism

PRACTICES DISTORTING COMPETITION AND REDRESSIVE MEASURES 257 The threat of injury and the discrimination are defined in Regulation (EU) 2019/712, Articles 2.7 and 2.8, respectively: “‘threat of injury’ means a threat for which development into injury is clearly foreseeable, very likely and imminent, and which can be attributed beyond reasonable doubt to an action or decision by a third country or a third-country entity; ‘discrimination’ means differentiation of any kind without objective justification in respect of the supply of goods or services, including public services, employed for the operation of air transport services, or in respect of their treatment by public authorities relevant to such services, including practices relating to air navigation or airport facilities and services, fuel, ground handling, security, computer reservation systems, slot allocation, charges, and the use of other facilities or services employed for the operation of air transport services”. Finally, regarding the consideration of subsidy, financial contribution (Art. 2.9) is understood as: “(a) granted by a government or other public organisation of a third country in any of the following forms: (i) a practice of a government or other public organisation involving a direct transfer of funds, potential direct transfer of funds or liabilities (such as grants, loans, equity infusion, loan guarantees, setting-off of operational losses, or compensation for financial burdens imposed by public authorities); (ii) revenue of a government or other public organisation that is otherwise due is foregone or not collected (such as preferential tax treatment or fiscal incentives such as tax credits); (iii) a government or other public organisation, including publicly controlled undertakings, provides goods or services, or purchases goods or services; (iv) a government or other public organisation makes payments to a funding mechanism or entrusts or directs a private body to carry out one or more of the type of functions referred to in points (i), (ii) and (iii) which would normally be vested in the government and, in practice, in no real sense differs from practices normally followed by governments;

RkJQdWJsaXNoZXIy MTE4NzM5Nw==