Art. 12 Luchtvaartverdrag tussen het Koninkrijk der Nederlanden, ten behoeve van de Nederlandse Antillen, en Antigua en Barbuda inzake luchtvervoer tussen Antigua en Barbuda en de Nederlandse Antillen

1. Each Party shall allow a fair and equal opportunity for the designated airlines of both Parties to compete in providing the air transportation governed by this Agreement. 2. Each Party shall allow each designated airline to determine the frequency and capacity of the air transportation it offers based upon commercial considerations in the marketplace. Consistent with this right, neither Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the designated airlines of the other Party, except as may be required for customs, technical, operational, or environmental reasons under uniform conditions consistent with Article 15 of the Convention. 3. Neither Party shall impose on the other Party’s designated airlines a first-refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to capacity, frequency or traffic that would be inconsistent with the purposes of this Agreement. 4. Neither Party shall require the filing of flight schedules, programs for charter flights, or operational plans by airlines of the other Party for approval, except as may be required on a non-discriminatory basis to enforce the uniform conditions foreseen by paragraph 2 of this Article or as may be specifically authorized in an Annex to this Agreement. If a Party requires filings for information purposes, it shall minimize the administrative burdens of filing requirements and procedures on air transportation intermediaries and on designated airlines of the other Party. 5. The Parties agree that the following airline practices may be regarded as possible unfair competitive practices which may merit closer examination: charging fares and rates at levels which are, in the aggregate, insufficient to cover the costs of providing the services to which they relate; the addition of excessive capacity or frequency of service; the practices in question are sustained rather than temporary; the practices in question have a serious negative economic effect on, or cause significant damage to, another airline; the practices in question reflect an apparent intent or have the probable effect, of crippling, excluding or driving another airline from the market; and behaviour indicating an abuse of dominant position on the route. 6. If the Aeronautical authorities of one Party consider that an operation or operations intended or conducted by a designated carrier of the other Party may constitute unfair competitive behaviour in accordance with the indicators listed in paragraph 5, they may request consultation in accordance with Article 15 (Consultations and amendment) with a view to resolving the problem. Any such request shall be accompanied by notice of the reasons for the request and the consultation shall begin within fifteen (15) days of the request.

Fair Competition

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