296 COMPETITION LAW IN TOURISM YamoussoukroDecisionwithin the territory of the regional economic community concerned. v) State Party: each African State signatory to the Abuja Treaty and any other African country which, though not a party to the aforementioned Treaty, has declared in writing its intention to be bound by the Yamoussoukro Decision and these Regulations. w) Scheduled and non-scheduled air services: bear the same meaning assigned to them in the Chicago Convention of 1944 and in resolutions of the Council of the International Civil Aviation Organisation (ICAO). x) Trade association : an association of airlines with the aim of promoting co-operation activities of its members. 2.2 Objectives and Scope of Application The purpose of the African Union (AU) regulations regarding air services is to promote and guarantee free and fair competition in air transport services within Africa, in order to develop the air transport industry and to contribute to the welfare of the citizens of the State Parties. The regulations apply to scheduled and non-scheduled air transport services within the State Parties, including any practice, agreement or conduct thereto, which might have an anti-competitive effect within the separate and joint territories of the regional economic communities and within the entire African continent. 3. ANTI-COMPETITIVE PRACTICES, AGREEMENTS AND DECISIONS The AU regulations state that any practice, agreement or decision which negates the objective of free and fair competition in air transport services shall be prohibited. To this end, State Parties shall undertake to ensure that any agreement between airlines, any decision taken by associations of airlines and any concerted practice which negatively affect the liberalisation of air transport services within the continent of Africa and which has as its object or effect the prevention, restriction or distortion of competition within the continent of Africa, is prohibited. The regulations don’t give us a clear definition of what is an anti-competitive practice. The legislator instead preferred to exemplify cases that can be considered as anti-competitive practices. They include, but are not limited to, any agreement between airlines, any decision by associations of airlines and any concerted
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