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headquarters in Geneva, Switzerland, and Montreal, Canada. In 2008, membership stood




42 The International Institutional and Regulatory Environment at about 230 airlines from 140 different countries that accounted for about 93% of total international scheduled passenger traffic. IATA was founded in 1945, the year after the Chicago Convention, primarily in response to the perceived need to coordinate international airfares, a topic not addressed by the Convention. Indeed IATA assumed responsibility for this task and coordinated the setting of international airfares during annual traffic conferences. By extension, the organization played a critical role in the development of international air transportation over more than three decades. However, in 1978, the US government concluded that coordinated airline price setting was anticompetitive48 and asked IATA to show cause why the antitrust immunity that the IATA tariff-setting machinery had enjoyed for the previous 33 years should not be terminated (Shane, 2005). In response, and after considerable international skirmishing, IATA adopted a two-tier organizational structure, which is still in existence today. At one tier, it operates as a trade association offering various technical, legal and financial services. Examples include: defining conditions of carriage, i.e., the legal responsibilities of carriers vis-a-vis passen- gers and cargo; advising airlines regarding such issues as the transportation of dangerous goods or the availability, condition and costs of airport and ATC facilities; and organizing twice-a-year airport schedule coordination conferences (Section 4.1). All member airlines of IATA avail themselves of these services. At the second tier, in which only about one-third of the airline members participate, IATA still operates as a tariff coordination organization, assisting in the setting of passenger airfares and cargo rates, commissions for travel agents, etc. Tariff coordination is performed during traffic conferences and is based on a cost plus formula. The guiding principle, according to IATA, is that fares and rates should not involve cut-throat competition, but should be as low as possible. The activities of this second tier still cover a significant number of international markets, but few major ones.49 With the spread of liberalization and deregulation in international air transportation



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