Abstract
Airlines have to change and adapt to the world economy. At the time of writing, the economies of the developed countries of Europe and North America were slowing down, at least in terms of growth compared to pre-financial crisis times of 2008–2010 and there was rapid economic growth in the East in the emerging economies. Concurrently, deep and contentious debates were taking place among regulators on aviation and climate change that were focused on air transport in particular. Against this backdrop, the buzz word was connectivity, on which many airlines anchored their competitive stance, much to the annoyance of the proponents of protectionism. The air transport industry (i.e. the airlines) like any other industry has to formulate its competitive strategy on the conduct of certain inevitable forces, such as new entrants into the market; disruptive innovation of competitors; customers and clients’ changing demands; bargaining power of suppliers; and demands of the workforce. Cost reduction and product variance, as needed, are the main drivers that cope with the forces of competition. Added to these key determinants are economies of scale, where large scale production bring costs down, and capital investment which helps enhance quantitative and qualitative production. These form a cocktail of stimuli for robust competition, provided government regulation is conducive to competition in air transport.
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Notes
- 1.
See generally, Abeyratne (2012a).
- 2.
See generally, Abeyratne (2013a).
- 3.
AIRLINE COMPETITION – Background Paper by the Secretariat, DAF/COMP(2014)14 Organisation de Coopération et de Développement Économiques, Organisation for Economic Co-operation and Development, 12-Jun-2014, at 22.
- 4.
- 5.
Porter (1998), p. 184.
- 6.
- 7.
Who Controls the World? The National, Business Segment, http://www.thenational.ae/business/industry-insights/aviation/aviation-provides-big-lift-for-uae-economy.
- 8.
- 9.
Ibid.
- 10.
- 11.
Speech of 15 September 2005 at www.ec/europa/eu/competition.
- 12.
The European Community was established in 1957 by the Treaty of Rome and initially comprised six Member States. Following the entry into force of the Treaty of Lisbon on 1 December 2009, the EC Treaty is called the Treaty on the Functioning of the European Union (TFEU). The European Union comprises 27 Member States: Austria, Belgium, Bulgaria, Cyprus (Greek), the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, the Slovak Republic, Slovenia, Spain, Sweden, and the United Kingdom.
- 13.
See Anderson (2004), p. 544.
- 14.
(1991) OJ L 300/48, 31.10.2001.
- 15.
See Truxal (2012), pp. 93–102.
- 16.
Ioannis Leanos, Competition law in the European Union after the Treaty of Lisbon, Academia.edu at https://www.academia.edu/1294134/Competition_Law_in_the_European_Union_After_the_Treaty_of_Lisbon. Article 3.1 (g) provides that For the purposes set out in the preceding Article, the activities of the Community shall include, under the conditions and with the timing provided for in the Treaty the application of procedures which shall make it possible to co-ordinate the economic policies of Member States and to remedy disequilibria in their balances of payments.
- 17.
United Brands v. Commission, Case 27/76 [1978] ECR 207 [1978]1 CMLR 429.
- 18.
15 U.S.C. SS 1-7, 2.7, 1890.
- 19.
506 U.S. 447 (1993).
- 20.
Id. 458.
- 21.
U.S. Department of State, Diplomacy in Action, at http://www.state.gov/r/pa/pl/159347.htm.
- 22.
Liberalization of Market Access (Presented by the United States of America), ATConf/6WP/60, 14/2/13.
- 23.
Winston and Yan (2015).
- 24.
See by Alford and Champley (2007), p. 3.
- 25.
IATA Welcomes US-EU Open Skies Agreement, 22 March 2007, http://www.iata.org/pressroom/pr/pages/2007-03-22-01.aspx.
References
Abeyratne R (2012a) Administering the skies – facing the challenges of market economics. Aracne Editrice, Rome
Abeyratne R (2012b) Aeronomics and law: fixing anomalies. Springer, New York
Abeyratne R (2013a) Aviation and climate change: in search of a global market based measure. Springer, Heidelberg
Abeyratne R (2013b) Regulation of air transport: the slumbering sentinels. Springer, New York
Alford E, Champley R (2007) The impact of the 2007 U.S.-EU open skies air transport agreement. ITA Occasional Paper no. 07-001, May, p 3
Anderson K (2004) Subsidies and trade barriers. In: Global crises. Global Solutions, Cambridge, p 544
Porter ME (1998) On competition. Harvard Business Review Book Series, p 184
Truxal S (2012) Competition and regulation in the airline industry: puppets in chaos. Routledge, pp 93–102
Winston C, Yan J (2015) Open skies: estimating travelers’ benefits from free trade in airline services, http://www.brookings.edu/research/articles/2015/05/13-open-skies-agreement-passenger-gains-winston
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Abeyratne, R. (2016). Competition Law in Air Transport. In: Competition and Investment in Air Transport. Springer, Cham. https://doi.org/10.1007/978-3-319-24372-6_10
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