| Summary: | 碩士 === 東吳大學 === 法律學系 === 106 === Due to the nature of producing an analog of monopoly, a cartel is considered to be a suppression competition. Regulating authorities of many nations have imposed strict regulation on a cartel due to the fact that it restricts freedom of competition and perturb consumer rights. Many airlines in the air cargo industry were also under investigation by the U.S. DOJ and EU Commission in 2006 and 2010 for suspicion of antitrust, as the result of participating in a cartel which imposes fuel and safety surcharges. In addition to above mentioned surcharges, airline alliances, group boycott, and market division are also associated with transnational cartel among airlines. The operation policy of Chinese and Taiwanese airlines could also be affected by the competitive law investigation, as the result of the extraterritorial effect of competition law.
In view of this, it is the objective for this thesis to compare the U.S. and EU law, jurisprudence, and judicial practice, in attempts to propose an appropriate regulatory measure from analyzing interaction between academic theory and operation features of said industry, to encourage more studies on the issue of cartel regulation regarding civil air transport enterprise in international aviation market, and examine the reform of current legal framework to maintain both fair competition and development of airline industry in Mainland China and Taiwan. In the concluding chapter, prospective observations and assessments are offered from analysis regarding the regulation of aviation industry and competition policy.
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