Decree No 203 / 2001 Coll.
Ordinance of the Office for the Protection of Competition concerning the authorisation of a general exemption from the prohibition of agreements distorting competition pursuant to § 3 (1) of Act No. 143 / 2001 Coll., on the Protection of Competition, for certain types of agreements concerning consultations on prices in passenger air transport and the allocation of free airport time
Valid
Order
Effective from 01.07.2001
Text versions:
01.07.2001
20.06.2001
203
DECLARATION
The competition authority
of 5 June 2001
authorising a general exemption from the prohibition of agreements distorting competition pursuant to Article 3 (1) of Act No. 143 / 2001 Coll., on the Protection of Competition, for certain types of agreements concerning consultations on prices in passenger air transport and the allocation of free airport time
According to Section 26 (1) of Act No. 143 / 2001 Coll., on the Protection of Competition, the Authority provides:
The prohibition provided for in Article 3 (1) of Act No. 143 / 2001 Coll., on the Protection of Competition ("the Act ') does not apply to agreements in the field of air transport concluded under
(a) consultations on passenger air transport prices, including baggage; or
(b) the allocation of free airport time and air traffic planning at airports.
For the purposes of this Order
(a) a new entrant means an airline which is held or has been allocated less than four slots for:
1. a specific day and an airport and which, for that day and that airport, requires the allocation of additional slots; or
2. a permanent air link between two national airports for a specific day and a specific airport where no more than two other airlines operate a direct air link between those airports or networks of airports on the same day and requiring the allocation of free airport time for that permanent air connection for that day and that airport; an airline holding more than 3% of the total number of slots for a specific day and an airport or more than 2% of the total number of slots for a specific day in the network of airports to which that airport is part shall not be considered as a new entrant for that day and that airport shall not be considered as a new entrant for the market;
(b) free time means the time of landing or take-off available or assigned to the movement of an aircraft for a specific day at an international public airport at which a special mode has been introduced to ensure its traffic permeability.
The prohibition under Paragraph 3 (1) of the Act shall not apply to agreements concluded in the context of consultations on prices in passenger air transport, including the transport of baggage, provided that:
(a) participants shall discuss only the prices of air tickets to be paid to air transport users directly participating in airlines or their authorised representatives for passenger services on scheduled air services, as well as the conditions relating to such prices; the consultation must not concern the transport capacity for which the prices consulted will be available,
(b) consultations shall lead to interconnection between air transport users, which must enable them, depending on the type of price and the season covered by the consultation, to be able to:
1. to combine on one transport document the services which have been the subject of consultations with services on the same or downstream route operated by other airlines, the applicable charges, rates and conditions being determined by the airline carrying out the flight; and
2. where the conditions of the original reservation allow, change the reservation of the services that were the subject of the consultations to the same service on the same route operated by another airline; in the event of such a change, the fees, rates and conditions set by that other airline will be applied,
This Regulation shall be binding in its entirety and directly applicable in all Member States.
(c) the participating airlines use the passenger air transport prices which are the subject of consultations, without discrimination based on the nationality of the passengers or on their place of residence;
(d) participation in consultations is voluntary and may be attended by all airlines operating or intending to operate direct or indirect air services on the routes concerned;
(e) the results of consultations are not binding on participants;
(f) the result of consultations is not an agreement on the remuneration of representatives or other parts of the prices discussed; and
(g) the staff of the Office for the Protection of Competition shall be entitled to participate in price consultations. Airlines shall notify the Competition Authority at least 10 days before such consultations of the date, place, time and subject matter of the hearing. The full text of the minutes of the consultations shall be sent to the Competition Authority at the same time as it is sent to the other participants of the consultations, but no later than 6 weeks after such consultations.
The prohibition under Paragraph 3 (1) of the Act does not apply to agreements concluded in the framework of the allocation of free airport time and airport planning, provided that:
(a) consultations on the allocation of free airport time at airports and airport air traffic plans may be attended by all airlines which have expressed an interest in free airport time which is the subject of consultations;
(b) priority rules are established and provided without discrimination, i.e. they are not based on the headquarters of the airline, the type of air service, taking into account restrictions or rules established by the competent national or international authorities and taking into account the needs of passengers and relevant airports; these rules may take into account the rights acquired by airlines by making use of certain slots at airports in previous transport seasons,
(c) the rules of priority laid down are available to all competitors on request;
(d) airlines entering the market shall be authorised, as required, to obtain 50% of the newly created or unused slots and slots which have been released or otherwise released by the existing airlines during or at the end of the season;
(e) airlines participating in consultations shall have access to information concerning:
1. an overview of the slots available to each airline at the airport;
2. a chronological overview of the requests made by each airline to allocate slots;
3. an overview of the slots allocated and a chronological overview of outstanding slots requests by airlines;
4. an overview of the available slots; and
5. a complete list of the criteria used in the allocation of slots;
(f) any refusal to allocate free airport time shall be justified; and
(g) the staff of the Office for the Protection of Competition shall be entitled to participate in consultations on the allocation of slots. Airlines shall notify the Competition Authority of the date, place, time and subject matter of such consultations at least 10 days before such consultations.
By its decision, the Competition Authority may withdraw the advantages of the general exemption provided for in this Decree if, as a result of market developments, the effects of an agreement subject to a general exemption do not comply with the conditions for authorising an individual exemption under Article 8 of the Law. In particular, these may be cases where:
(a) there is no effective price competition on the air route or group of routes subject to price consultations; in such a case, the Competition Authority shall, by its decision, withdraw the benefits of the general exemption provided for in this Decree in relation to a single line or group of lines to airlines participating in such price consultations; or
(b) the application of Paragraph 4 does not allow airlines entering the market to obtain at the airport a number of slots that allow them to compete effectively with airlines already established and competition on the routes concerned is substantially limited; in that case, the Authority shall, by its decision, withdraw the benefits of the general exemption provided for in this Decree in relation to the allocation of slots at the airport concerned.
This Decree shall take effect on 1 July 2001.
Chairman:
Ing. Bednář v. r.
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Regulation Information
| Citation | Decree of the Office for the Protection of Competition No 203 / 2001 Coll., authorising a general exemption from the prohibition of agreements distorting competition pursuant to § 3 (1) of Act No. 143 / 2001 Coll., on the Protection of Competition, for certain types of agreements concerning consultations on passenger air prices and the allocation of free airport time |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.06.2001 |
|---|---|
| Effective from | 01.07.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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