Art. 13 Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Republiek Malta

1. Each Contracting Party shall allow a fair and equal opportunity for each designated airline to compete in providing the international air services governed by this Agreement. 2. Each Contracting Party shall, where necessary, take all appropriate action within its jurisdiction to eliminate all forms of discrimination or unfair competitive practices adversely affecting the competitive position of the designated airline(s) of the other Contracting Party. 3. The Contracting Parties agree that the following airline practices may be regarded as possible unfair competitive practices which may merit closer examination: charging fares and rates on 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 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. 4. If the aeronautical authorities of one Contracting Party consider that an operation or operations intended or conducted by the designated airline of the other Contracting Party may constitute unfair competitive behaviour in accordance with the indicators listed in paragraph 1 of this Article, they may request consultation in accordance with Article 20 (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. 5. If the Contracting Parties fail to reach a resolution of the problem through consultations, either Contracting Party may invoke the dispute resolution mechanism under Article 21 (Settlement of Disputes) of this Agreement to resolve the dispute.

Fair Competition

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