- 1
- Each Contracting Party shall allow Prices for Air Services to be established by each Designated Airline based upon commercial considerations in the marketplace. Intervention by the Contracting 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
- Either Contracting Party may require notification or filing of any Price to be charged by the Designated Airline or Airlines of the other Contracting Party. Prices may remain in effect unless subsequently disapproved under paragraph 3 of this Article.
- 3
- Neither Contracting Party shall take unilateral action to prevent the inauguration or continuation of a Price charged or proposed to be charged by:
-
- a)an Airline of either Contracting Party for International Air Services between the Territories of the Contracting Parties; or
- b)an Airline of one Contracting Party for International Air Services between the Territory of the other Contracting Party and any other country.
- 4
- If either Contracting Party considers any such Price inconsistent with the considerations set forth in paragraph 1 of this Article, it shall request consultations and notify the other Contracting 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 Contracting Parties shall cooperate in securing information necessary for reasoned resolution of the issue. If the Contracting Parties reach agreement with respect to a Price for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreement, the new Price shall not take effect nor continue to be in effect.