Competition Clauses

The issue of how to ensure fair competition in an environment of liberalization was discussed by the Fifth Worldwide Air Transport Conference (ATConf/5, 2003). 


In its conclusions, ATConf/5 agreed that liberalization must be accompanied by appropriate safeguard measures to ensure fair competition, and effective and sustained participation of all States. Such measures should be an integral part of the liberalization process and a living tool corresponding to the needs and stages of liberalization.


While general competition laws may be an effective tool in many cases, it was felt that aviation-specific safeguards to prevent and eliminate unfair competition were required for international air transport.


This section provides examples of actual competition/safeguard clauses included in air services agreements (ASAs) concluded at bilateral, regional or plurilateral levels.


State 1
​State 2
Agreement
​Article
​Matter
USA​EU
Air Transport Agreement
​14
​Government subsidies and support


​20
​Competition
Canada
​EU
​Air Transport Agreement
​14
​Competitive environment 


​21
​Settlement of disputes 
Israel
​EU
Air Transport Agreement
​7
​Competitive Environment 
Moldova
​EU
Air Transport Agreement
​8
​Competitive environment 
India
​EU
Air Services Agreement
​4
​Compatibility with competition rules


Article 83 of the Chicago Convention sets out the obligation of States to register with the Council of ICAO any agreement and arrangement relating to international civil aviation. ICAO maintains an online database of ASAs (WASA) including codified summaries of their main provisions. To obtain access to WASA, please click here.


Share this page: