The
US-UAE agreement wording is clear on how the agreement may be revoked/suspended/modified, the level of government intervention, and the impossibility of invoking restrictions. The Fair Skies movement will bear no fruit. Nothing will happen of it.
The US3 might have had a leg to stand on (in their wildest dreams) if they were to prove EK had substantial non-UAE investment in it or if it was unsafe. And even then, the power of the US government would be very limited.
Article 4
Revocation of Authorization
1. Either Party may revoke, suspend or limit the operating authorizations or technical
permissions of an airline designated by the other Party where:
a. substantial ownership and effective control of that airline are not vested in the
other Party, the Party's nationals, or both;
b. that airline has failed to comply with the laws and regulations referred to in
Article 5 (Application of Laws) of this Agreement; or
c. the other Party is not maintaining and administering the standards as set forth
in Article 6 (Safety).
2. Unless immediate action is essential to prevent further noncompliance with
subparagraphs 1b or 1c of this Article, the rights established by this Article shall be
exercised only after consultation with the other Party.
3. This Article does not limit the rights of either Party to withhold, revoke, limit or
impose conditions on the operating authorization or technical permission of an airline or
airlines of the other Party in accordance with the provisions of Article 7 (Aviation
Security).
And
Article 11
Fair Competition
1. Each Party shall allow a fair and equal opportunity for the designated airlines of
both Parties to compete in providing the international air transportation governed by this
Agreement.
2. Each Party shall allow each designated airline to determine the frequency and
capacity of the international air transportation it offers based upon commercial
considerations in the marketplace. Consistent with this right, neither Party shall
unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft
type or types operated by the designated airlines of the other Party, except as may be
required for customs, technical, operational, or environmental reasons under uniform
conditions consistent with Article 15 of the Convention.
3. Neither Party shall impose on the other Party's designated airlines II first-refusal
requirement, uplift ratio, no-objection fee, or any other requirement with respect to
capacity, frequency or traffic that would be inconsistent with the purposes of this
Agreement.
4. Neither Party shall require the filing of schedules, programs for charter flights, or
operational plans by airlines of the other Party for approval, except as may be required on
a non-discriminatory basis to enforce the uniform conditions foreseen by paragraph 2 of
this Article or as may be specifically authorized in an Annex to this Agreement. If a Party
requires filings for information purposes, it shall minimize the administrative burdens of
filing requirements and procedures on air transportation intermediaries and on designated
airlines of the other Party
And
Article 12
Pricing
1. Each Party shall allow prices for air transportation 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.