ICAO Policy and Guidance Materials on Competition

The ICAO Consolidated statement of continuing ICAO policies in the air transport field, as per the Resolution A40-9 of the 40th ICAO Assembly in 2019, contains a section on Cooperation in regulatory arrangements and competition.


Section III.      Cooperation in regulatory arrangements and competition

 

Whereas certain economic, financial and operational constraints unilaterally introduced at the national level affect the stability of, and tend to create unfair discriminatory trading practices in, international air transport and might be incompatible with the basic principles of the Convention and the orderly and harmonious development of international air transport; and

 

Whereas the Organization has developed policy guidance for States to foster harmonization and compatibility of regulatory approaches and practices for international air transport, including on competition matters;


The Assembly:

 

1. Urges Member States to take into consideration that fair competition is an important general principle in the operation of international air transport services;

 

2. Urges Member States to develop competition laws and policies that apply to air transport, taking into account national sovereignty and to consider ICAO guidance on competition;

 

3. Urges Member States to encourage cooperation among regional and/or national competition authorities when dealing with matters relating to international air transport, including in the context of approval of alliances and mergers;

 

4. Encourages Member States to incorporate the basic principles of fair and equal opportunity to compete, non-discrimination, transparency, harmonization, compatibility and cooperation set out in the Convention and embodied in ICAO's policies and guidance in national legislation, rules and regulations, and in air services agreements;

 

5. Requests the Council to develop tools such as an exchange forum to enhance cooperation, dialogue and exchange of information on fair competition between States with a view to promoting compatible regulatory approaches towards international air transport; and

 

6. Requests the Council to continue to monitor developments in the area of competition in international air transport and update, as necessary, its policies and guidance on fair competition.


Further policy and guidance material developed by ICAO on the economic regulation of international air transport are contained in Doc 9587 and Doc 9626. These documents can be purchased on the ICAO Store. An information paper on existing policy and guidance material on competition can be viewed here.


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