Competition in Air Transport Services within Africa Regulations – African Union Antonio Osorio1 1. Introduction; 2. Definitions, Purpose, Objectives and the Scope of Application; 2.1. Definitions; 2.2. Objectives and Scope of Application; 3. Anti-competitive Practices,Agreements andDecisions; 4.Abuse ofDominantPosition; 5.Non-discrimination in National and Regional Legislation and Administrative Measures; 6. Subsidies; 7. Exemptions and Safeguard Measures; 8. Enforcement, Investigation, Negotiation andRegional CompetitionAuthorities; 9. Complaints; 9.1. Complaints; 9.2. Investigation and Procedural Fairness; 9.3. Outcome of Complaint; 9.4. Provisional Measures; 10. Cooperation with Member State Authorities and Access to Information; 11. Penalties; 12. Professional Secrecy; 13. Publication of Decisions; 14. Provisions for the Implementation of Regulations; 15. Conclusions; Bibliography. 1. INTRODUCTION The reduction by States of controls within the air transport industry, known as “liberalisation” or “deregulation”, has fostered competition between air carriers. Enhanced competition, in turn, has led many carriers to consider consolidation as a means by which to achieve economies of scale and scope and to respond to consumer demands for global networks. With heightened competition and consolidation also comes a higher risk of anti-competitive behaviour. In addition, to keep their national airlines competitive in a liberalised market, some governments may be tempted to lend support to their airlines through means that could deny the airlines of other States a fair and equal opportunity to compete. Regulation is needed across the globe and, of course, in the continent of Africa too. This is one of the reasons why the African Union takes measures to regulate 1 Legal Counsel. Lawyer. Tourism Legal Consultant. Chairman of the Fiscal Council of Santiago Tourism Association – Cape Verde.
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