COMPETITION IN AIR TRANSPORT SERVICES WITHIN AFRICA 303 13. PUBLICATION OF DECISIONS The Executing Agency shall publish the decisions which it makes under the regulations. In publishing any decision, the Executing Agency shall mention the names of the parties and the main contents of the decision. In doing so, the Executing Agency shall have regard to the legitimate interest of undertakings in the protection of their business secrets. 14. PROVISIONS FOR THE IMPLEMENTATION OF REGULATIONS The Executing Agency shall formulate implementing provisions for adoption by the relevant institutions on, inter alia, guidelines on subsidies, rules of procedure on exemptions granted, the standard form, content and other details pertaining to: (i) applications submitted (ii) complaints submitted and outcomes of complaints, the rules on hearings provided, penalties imposed, guidelines and rules of procedure for the implementation of the Regulations and guidelines dealing with frivolous complaints. 15. CONCLUSIONS The main points highlighted by this study are as follows: The African Union defined a detailed framework establishing the powers and functions of the Executing Agency due to the need for a more enhanced regulatory framework. The purpose of the African Union is, through regulations, to promote and guarantee free and fair competition in air transport services within Africa, consumer protection, to develop the air transport industry and to contribute to the welfare of the citizens of the State Parties. One of the key issues in this matter was to outline a dispute settlement mechanism. Based on the African Union analysis of the powers of the Executing Agency, they concluded that arbitration is not the only means, and indeed may at times not even be effective, to settle disputes arising from the implementation of the Yamoussoukro Decision. Consequently, an additional set of dispute settlement mechanisms was introduced in the regulation, namely recourse to a Board of Appeals, national courts and regional and continental courts and tribunals. This structure is combined with the African Union instrument on
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