Competition Law in Tourism

304 COMPETITION LAW IN TOURISM dispute mechanisms in the Draft Regulation on Dispute Settlement Mechanisms Relating to the Implementation of the Yamoussoukro Decision. Various provisions in the different sets of legislation point to appropriate sections of this dispute settlement regulation as a measure of resolving issues. Another part of the African Union’s concern was to harmonise existing competition law and propose practical implementation guidelines. This was achieved in two sets of instruments – Regulations on Competition in Air Transport within Africa and Guidelines and Procedures for the Implementation of the Regulations on Competition in Air Transport Services within Africa. Finally, the matter of consumer protection was a concern too, and the solution is also dealt in the instrument attached as Appendix 6 – Regulation on Protection of Consumers and Liability of Service Providers in Passenger Air Transport Services. When preparing the regulations, the African Union made use of the existing policy and guidance material developed by ICAO (International Civil Aviation Organisation) on the economic regulation of international air transport, including those on competition. Some general principles set out in the Convention on International Civil Aviation (Chicago Convention) may relate or apply to competition in international air transport. The Preamble of the Convention states, “(…) the undersigned governments having agreed on certain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner and that international air transport services may be established on the basis of equality of opportunity and operated soundly and economically”. Article 44 of the Convention also states that, “The aims and objectives of the Organisation are to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport so as to: (…) (f ) insure that the rights of contracting States are fully respected and that every contracting State has a fair opportunity to operate international airlines;” and “(g) avoid discrimination between contracting States”.

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