Management of Competition in the Single African Air Transport Market; Prospects and Challenges - Air and Space Law View Management of Competition in the Single African Air Transport Market; Prospects and Challenges by - Air and Space Law Management of Competition in the Single African Air Transport Market; Prospects and Challenges 50 3

This article examines the prospects and challenges of competition regimes in the Single African Air Transport Market (SAATM), an initiative of the African Union’s Agenda 2063 for a liberal intra-continental aviation industry. It theorizes the major economic and regulatory concerns related to competition and contextualizes them within intra-African air transport competition. A principal focus is placed on Annex 5 to the Yamoussoukro Decision (YD) relating to Regulations on competition in air transport services on the continent. The YD is a foundational legal instrument for liberalizing intra-African aviation and the primary regulatory instrument for SAATM. The article examines the effectiveness of competition regulation under Annex 5, the role of the Executing Agency (EA) established under it, and the functions and limitations of sub-regional and national competition frameworks. The findings show that the continent has made substantial progress in advancing legal and institutional frameworks for competition management but suffers several challenges, including the implementation and enforcement capacities of African Civil Aviation Commission (AFCAC) as the EA, the dual role of Regional Economic Communities’ (REC’s) competition regimes, and the fragmentation and varying level of maturity of national competition regulations. An urgent need to foster implementation capacity of AFCAC, in addition to aligning regional and national policy frameworks with Annex 5 is indicated. Cooperation between continental, regional, and national institutions in investigations, information sharing and capacity building will enhance the efficacy of the various institutions in implementing competition regimes that enhance the goals of socioeconomic development and regional integration in Africa.

Air and Space Law