260 COMPETITION LAW IN TOURISM (c) the third country or third-country entity concerned has eliminated the practice distorting competition; or (d) the third country or third-country entity concerned has eliminated the injury or threat of injury to the Union air carriers concerned”. The Regulation devotes Art. 14 to the redressive measures that will be applied if the investigation determines that a practice distorting competition has been adopted by a third country or a third-country entity and has caused injury to the Union air carriers. These redressive measures may be: “(a) financial duties; (b) any operational measure of equivalent or lesser value, such as the suspension of concessions, of services owed or of other rights of the third-country air carrier. Priority shall be given to reciprocal operational measures, provided that they are not contrary to the Union interest, or incompatible with Union law or with international obligations” (Art. 14.3). Furthermore, and still in the same Article, the following considerations regarding the redressive measures must be observed, thus, the redressive measures: “shall not exceed what is necessary to offset the injury to the Union air carriers concerned. To this end, those redressive measures may be limited to a specific geographic area or may be limited in time” (Art. 14.4), “shall not consist of the suspension or limitation of traffic rights granted by a Member State to a third country under an air transport agreement, an air service agreement or any provision on air transport services included in any other agreement concluded with that third country” (Art. 14.5), and “shall not lead the Union or the Member States concerned to violate air transport or air services agreements, or any provision on air transport services included in a trade agreement or any other agreement concluded with the third country concerned” (Art. 14.6). Regarding the duration and application of the redressive measures, the legislation refers that they “shall remain in force only as long as, and to the extent that, it is necessary in view of the persistence of the practice distorting competition and the ensuing injury” and that “The Commission shall regularly provide a written report to the European Parliament and to the Council on the effectiveness and impact of redressive measures” (Art. 15.1). Moreover, “Where circumstances so warrant, the need for the continued imposition of redressive measures in their initial form may be reviewed, either on the initiative of the Commission or the complainant, or upon a
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