586 COMPETITION LAW IN TOURISM In a Brazilian legal analysis, what NDC needs to worry about – and therefore prevent – is the practice that does not facilitate the legal classification of an infraction of the economic order. In order to do so, several measures are reproduced in the sequence, and expressed in the same legislation analysed, in the third paragraph of the same article, thus highlighting behaviours to be avoided and not feasible by the NDC: “The following conduct, in addition to others, insofar as they constitute a hypothesis provided for in the caption of this article and its subsections, characterise an infraction of the economic order: I – to agree, join, manipulate or adjust with competitors, in any way: a) the prices of goods or services individually offered; (...) II – to promote, obtain or influence the adoption of uniform or agreed practices among competitors; (...) IV – to create difficulties for the establishment, operation or development of a competitor company or supplier, acquirer or financier of goods or services; V – to prevent the access of competitors to sources of inputs, raw material, equipment or technology, and distribution channels; (...) VIII – to regulate markets for goods or services, establishing agreements to limit or control the research and technological development, the production of goods or services, or to impair investments for the production of goods or services or their distribution; IX – to impose on the trade of goods or services to distributors, retailers and representatives, any resale prices, discounts, payment terms, minimum or maximum quantities, profit margin or any other market conditions related to their business with third parties; X – to discriminate against purchasers or suppliers of goods or services by establishing prices differentials or other operating conditions for the sale or provision of services” (Art 36.3). 4. CONCLUSION Considering all that has been presented in this work, it is clear that IATA still has a large road ahead to evolve in the conviction and adhesion of their own associated airlines so that they can move on to the next step, the conviction of those who represent a large percentage of travel distribution worldwide, the travel agencies.
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