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European Union Competition Law In The Airline Industry: Aviation Law And Policy

Allan James

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Published in European Union Competition Law In The Airline Industry (Aviation Law And Policy 14)

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The European Union (EU) is a major player in the global aviation industry. Its competition law plays a vital role in regulating the industry, ensuring fair competition and protecting consumers. This article provides a comprehensive guide to EU competition law in the airline industry, covering the legal framework, enforcement mechanisms, and impact on airlines.

Legal Framework

EU competition law is based on the Treaty on the Functioning of the European Union (TFEU),which prohibits anti-competitive agreements, abuses of dominant position, and mergers that create or strengthen a dominant position.

European Union Competition Law in the Airline Industry (Aviation Law and Policy 14)

European Union Competition Law in the Airline Industry (Aviation Law and Policy Series Book 14)

by Stephen Penner

4.6 out of 5

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The main provisions of EU competition law that apply to the airline industry are:

Article 101 TFEU: Prohibits anti-competitive agreements between two or more undertakings.
Article 102 TFEU: Prohibits the abuse of a dominant position by one or more undertakings.
Regulation 139/2004: Establishes a specific competition regime for the air transport sector.

Enforcement Mechanisms

The European Commission is responsible for enforcing EU competition law in the airline industry. It has a number of tools at its disposal, including:

Investigations: The Commission can investigate suspected infringements of competition law.
Fines: The Commission can impose fines on undertakings that infringe competition law.
Divestment Free Downloads: The Commission can Free Download undertakings to sell off assets or businesses to remedy infringements of competition law.
Interim measures: The Commission can Free Download undertakings to take interim measures to prevent or remedy infringements of competition law.

Impact on Airlines

EU competition law has a significant impact on the airline industry. It affects the way that airlines compete with each other, and it can also affect the prices that airlines charge for their tickets.

Some of the key ways that EU competition law impacts airlines include:

It prohibits airlines from forming anti-competitive agreements, such as cartels and price-fixing agreements.
It prohibits airlines from abusing their dominant position in the market, such as by charging excessive prices or refusing to deal with other airlines.
It regulates mergers between airlines to ensure that they do not create or strengthen a dominant position.
It provides for state aid rules to ensure that governments do not unfairly subsidize airlines.

EU competition law plays a vital role in regulating the airline industry and protecting consumers. It ensures that airlines compete fairly with each other and that they do not abuse their dominant position in the market. As the airline industry continues to evolve, EU competition law will continue to play an important role in shaping its future.

About the Author

This article was written by [author's name], an expert in EU competition law and aviation law. He has worked for the European Commission and has advised airlines on competition law issues.

European Union Competition Law in the Airline Industry (Aviation Law and Policy Series Book 14)

by Stephen Penner

4.6 out of 5