ICAO Policies and Guidance on Safeguards
As stated in the Declaration of Global Principles for the Liberalization of International Air Transport adopted at the Worldwide Air Transport Conference (ATConf/5), Montreal, 24-28 March 2003, "the establishment and application of competition law represents and important safeguard of fair competition as States progress towards a liberalized market place."
Furthermore, ICAO policies and guidance include safeguard measures designed to ensure the sustained and effective participation of all States including the principle of giving special consideration to the interests and needs of developing countries. These are available in ICAO Doc 9587 Policy and Guidance Material on the Economic Regulation of International Air Transport and Doc 9626 Manual on the Economic Regulation of International Air Transport.
A summary of these ICAO policies and guidance can be consulted at the ICAO Policy and Guidance Materials on Competition page.
National and regional measures to address unfair practices
Some states and regional organizations have adopted measures to address unfair practices in international air transport.
- In the United States, the International Air Transportation Fair Competitive Practices Act (IATFCPA) of 1974 deals with discriminatory and unfair competitive practices in international air transportation. Under the Act, the Department of Transportation may take action in response to anti-competitive, discriminatory, predatory or unjustifiable activities by a foreign government or foreign airlines against a US airline.
- In the European Union, Regulation (EU) 2019/712 on safeguarding competition in air transport on safeguarding competition in air transport lays down rules on the conduct of investigations by the European Commission and on the adoption of redressive measures relating to practices distorting competition (namely, discrimination and subsidies) between Union air carriers and third-country air carriers and causing, or threatening to cause, injury to Union air carriers.
