- 1
- Each Party shall allow Prices for Air Services to be established by each Designated Airline based upon commercial considerations in the marketplace. Intervention by the Parties shall be limited to:
-
- a)prevention of unreasonably discriminatory Prices or practices;
- b)protection of consumers from Prices that are unreasonably high or restrictive due to the abuse of a dominant position; and
- c)protection of Airlines from Prices that are artificially low due to direct or indirect governmental subsidy or support.
- 2
- Neither Party may require notification to or filing with its Aeronautical Authorities of Prices to be charged to or from its Territory by Airlines of the other Party. In the case that one Party has reason to believe that an Airline of either Party is involved in the practices described in paragraph 1a, 1b, or 1c of this Article, it can require the notification or the filing of the Prices, as well as additional information in order to solve the case.
- 3
- Neither Party shall take unilateral action to prevent the inauguration or continuation of a Price proposed to be charged or charged by (i) an Airline of either Party for International Air Services between the territories of the Parties, or (ii) an Airline of one Party for International Air Services between the Territory of the other Party and any other country, including in both cases transportation on an interline or intraline basis.
- 4
- If either Party believes that any such Price is inconsistent with the considerations set forth in paragraph 1 of this Article, it shall request consultations in conformity with Article 17 (Consultation and Amendment) of this Agreement and notify the other Party of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than thirty (30) days after receipt of the request, and the Parties shall co-operate in securing information necessary for reasoned resolution of the issue. If the Parties reach agreement with respect to a Price for which a notice of dissatisfaction has been given, each Party shall use its best efforts to put that agreement into effect. Without such mutual agreement, the Price shall take effect or continue to be in effect.
