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(a) Each Contracting Party shall allow prices for air transportation to be established by each airline of the Contracting Parties based upon commercial considerations in the marketplace. Intervention by the Contracting Parties shall be limited to: (1) prevention of unreasonably discriminatory prices or practices;
(2) protection of consumers from prices that are unreasonably high or restrictive because of the abuse of a dominant position; and
(3) protection of airlines from prices that are artificially low because of direct or indirect government subsidy or support.
(1) prevention of unreasonably discriminatory prices or practices;
(2) protection of consumers from prices that are unreasonably high or restrictive because of the abuse of a dominant position; and
(3) protection of airlines from prices that are artificially low because of direct or indirect government subsidy or support.
(b) Each Contracting Party may require notification to or filing with its aeronautical authorities of prices proposed to be charged to or from its territory by airlines of the other Contracting Party. Notification or filing by the airlines of both Contracting Parties may be required no more than 30 days before the proposed date of effectiveness. In individual cases, notification or filing may be permitted on shorter notice than normally required. Neither Contracting Party shall require the notification or filing by airlines of the other Contracting Party of prices charged by charterers to the public for traffic originating in the territory of either Contracting Party.
(c) Neither contracting party shall take unilateral action to prevent the inauguration or continuation of a price charged or proposed to be charged by (1) an airline of either contracting party for international air transportation between the territories of the contracting parties, including transportation on an interline or intra-line basis, or (2) an airline of one contracting party for international air transportation between the territory of the other contracting party and a third country, including transportation on an interline or intra-line basis, provided that, in the case of service to or from third countries that are members of the European Communities as of December 1, 1991, such price is not specifically prohibited under the law of the European Communities. Without mutual agreement, such prices shall go into or continue in effect. If either contracting party is dissatisfied with any price, it shall request consultations, and notify the other contracting party of the reasons it believes such price is inconsistent with the considerations set forth in paragraph (A) of this article, as soon as possible. In the case of a proposed price, such notification shall be given no less than 15 days before the proposed effectiveness date. These consultations shall be held not later than 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.
(d) Notwithstanding any other provision of this Article, each Contracting Party shall allow any airline of either Contracting Party to meet any price charged in the marketplace for international air transportation, including combinations of prices via points in the territory of one or both Contracting Parties or of a third country. As used herein, the term “meet” means the right to continue or institute, on a timely basis, using such expedited procedures as may be necessary, an identical or similar price or such price through a combination of prices on a direct, interline or intra-line basis, notwithstanding differences in conditions including, but not limited to, those relating to airports, routing, distance, timing, connections, aircraft type, aircraft configuration, or change of aircraft.