Art. 7 Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en het Gemenebest van de Bahama's

1. Each Designated Airline shall have a fair opportunity to operate the routes specified in this Agreement. 2. Each Party shall allow any Designated Airline of the other Party to determine the frequency and capacity of the Agreed Services it offers based on the Airline's commercial considerations in the marketplace. Therefore, neither Party shall impose on the Designated Airline of the other Party any requirement with respect to capacity, frequency or traffic that would be inconsistent with the purposes of this Agreement. Neither Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or of the aircraft type or types operated by the Designated Airline of the other Party, except as may be required for customs and other government inspection services, technical, or operational reasons under uniform conditions consistent with Article 15 of the Convention. 3. Neither Party shall impose on the Designated Airlines of the other Party a first-refusal requirement, uplift ratio, no-objection fee, or any other requirements with respect to capacity, frequency or traffic that would be inconsistent with the purposes of this Agreement. 4. The Parties agree that the following Airline practices may be regarded as possible unfair competitive practices which may merit closer examination: the charging of fares and rates on the specified routes 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 economic effect on, or cause significant damage to, another Airline; and the practices in question reflect an intent or have the effect of crippling, excluding or driving another Airline from the market. 5. If the Aeronautical Authorities of one Party consider that an operation or operations intended or conducted by the Designated Airline(s) of the other Party may constitute unfair competitive behavior in accordance with paragraphs 4 of this Article, they may request consultation in accordance with Article 18 (Consultations) of this Agreement 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 sixty (60) days after receipt of the request. 6. If the Parties fail to reach a resolution of the problem through consultations, either Party may invoke the dispute resolution mechanism under Article 19 (Settlement of Disputes) of this Agreement to resolve the dispute.

Fair Competition

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