Competition Law in Tourism

298 COMPETITION LAW IN TOURISM c) the introduction by an airline on route or sector thereof of an excessively high price because of lack of a price competition or collusion; d) limiting capacity or markets to the prejudice of consumers such as charging excessively high prices; e) the introduction by an airline on a route or sector thereof of capacity which is designed, targeted and intended to drive out another airline; f ) the intentional under-supply by an airline of capacity contrary to the set objectives of healthy and sustained competition; g) the allocation of capacity by an airline on a route in a manner which is unduly discriminatory including requiring consumers not to use the services of a competitor; h) applying dissimilar conditions to similar transactions with other trading parties, thereby placing them and/or resulting in other airlines being placed at a competitive disadvantage including discriminating between different consumers and competitors in equivalent transactions of services of like quality in terms of the price charged, any discount, allowance or rebate given or allowed in relation to the supply of services; and, i) the provision of services, payment for services, making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts. 5. NON-DISCRIMINATION IN NATIONAL AND REGIONAL LEGISLATION AND ADMINISTRATIVE MEASURES Legislation or administrative measures in the territory of a State Party or of a regional economic community shall not discriminate against the provision of services by airlines or associations of airlines of State Parties. A State Party or a regional economic community, before enacting legislation or adopting administrative measures which in their view may have the effect of discriminating against airlines of other State Parties, may invite The Executing Agency to review the legislation in question and recommend appropriate amendment of any provision that may directly or indirectly permit or promote anti-competitive behaviour.

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