COMPETITION IN AIR TRANSPORT SERVICES WITHIN AFRICA 295 g) Regional Yamoussoukro Decision Agency (RYD): the authority or agency established or constituted by a regional economic community recognised by the African Union under the Abuja Treaty and empowered to oversee and manage the implementation of the Yamoussoukro Decision in the region. h) Airline: an air transport enterprise holding a valid Air Operating Certificate and operating air transport services within the territory of a State Party. i) Aeronautical Authority: any Governmental authority, body corporate or organ, duly authorised to perform any function to which these Regulations relate. j) Capacity: the number of seats and cargo space offered to the general public on air services over a given period and in a given sector. k) Concerted practice: co-ordination between airlines that, without having reached the stage where an agreement has been concluded, knowingly substitutes practical co-operation to the exclusion of competition. l) Competent authority: anybody established in each State Party charged with regulating competition in the air transport sector, or in absence of such an institution, the Civil Aviation Authority. m) Dominant position: a position of one or more airlines which enables them to prevent effective competition being maintained within the market or a part thereof, by giving them the power to behave to an appreciable extent independently of their competitors, suppliers, customers or end users. n) Excessive capacity: more capacity than which is reasonably required on a route or in a given sector. o) Excessively high price: the price of a service which bears no reasonable relation to the economic value of that service and reasonable profit margin. p) Excessively low price: the price of a service which bears no reasonable relation to the economic value of those services. q) Market: a relevant geographic area, including routes or sector thereof and a relevant air transport service provided by an airline. r) Member State: a Member State of the African Union. s) Regional competition authority: an authority set up by a regional economic community with mandate to regulate and supervise the implementation of these regulations. t) Regional Economic Community: a regional economic community recognised as such by the African Union. u) Regional YD Authority: an authority set up by a regional economic community with mandate to regulate and supervise the implementation of the
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