Albania’s Air Transport Competition Regulation: What Airlines Should Review

Airlines serving Albania should review how they cooperate on fares, schedules, airport slots and reservation systems. The Competition Authority’s air transport regulation, effective from 1 October 2026, sets out how these arrangements are assessed under Albanian competition law.

The commercial message is clear: being listed as a form of cooperation does not make an agreement lawful or automatically exempt. Businesses must assess the arrangement, its effects on the Albanian market and the conditions for any exemption they intend to rely on.

What the regulation clarifies

The regulation addresses agreements between undertakings, decisions of business associations and concerted practices in air transport. It confirms that the Competition Authority exercises its statutory powers of investigation, assessment and enforcement in this sector. The applicable framework is Law No. 9121 of 28 July 2003, “On Competition Protection”, as amended. [1, Articles 1–2]

This is a competition-law measure. It does not itself introduce a new passenger-compensation scheme, approve fares, or replace aviation licensing and operational requirements.

Who is affected?

The principal audience is airlines and airline associations involved in cooperation affecting Albania. Airport operators, slot coordinators and businesses involved in joint reservation arrangements should also review their role where their agreements or conduct fall within the regulation’s scope.

Coverage extends to air transport within Albania, between Albania and EU Member States, and between Albania and third countries, insofar as the conduct has or may have an effect on competition in the Albanian market. For third-country services, Article 1(3) expressly requires a sufficient connection with that market, assessed by actual or potential competitive effects. The regulation preserves Albania’s rights and obligations under international air transport agreements. [1, Article 1]

A cooperation agreement negotiated abroad therefore requires an Albanian competition assessment where the relevant market connection exists. Its foreign location is not, by itself, a reason to disregard Albanian law.

Five areas of cooperation to review

Article 3 identifies, in particular, the following categories. This is a list of arrangements for assessment, rather than a list of automatically permitted activities:

1. Flight schedules: joint planning and coordination of air-service timetables.
2. Fares and conditions: consultations on tariffs and transport conditions for passengers, baggage and cargo on scheduled services.
3. Joint operations: cooperation on new scheduled services or services with low traffic.
4. Airport slots: allocation of slots and airport scheduling, subject to the applicable slot-allocation legislation.
5. Computerised reservation systems: joint purchasing, development and operation of systems for scheduling, reservations and ticket issuance, subject to the applicable rules for those systems.

The separate rules on slots and reservation systems continue to matter. Commercial convenience or operational approval should not be treated as a substitute for competition-law compliance. [1, Article 3(1)]

Cooperation is not an automatic exemption

Articles 2 and 3 refer assessment back to the Competition Protection Law, including Article 5 and, where relevant, existing acts of the Authority providing exemptions for specified categories of agreements.

The assessment considers the agreement’s restrictions and conditions, economic or technical benefits, the fair share of benefits passed on to users, the indispensability of the restrictions and the possibility of eliminating competition for a substantial part of the products or services concerned. An efficiency claim needs supporting evidence; it should not be assumed to excuse any restriction the parties choose. [1, Articles 2(2) and 3(2)]

The prohibition of abuse of a dominant position under Article 9 of the Law also remains applicable. The new regulation expressly preserves Decision No. 286 of 21 May 2013 and other applicable Authority acts on category exemptions in air transport. It should not be presented as automatically replacing that earlier framework. [1, Articles 2(3) and 4(1)]

What your business should do now

The following are practical compliance steps, not new filing deadlines created by the regulation:

1. Map relevant arrangements. Identify existing and planned cooperation concerning Albania, including association meetings, joint operations, scheduling, slots, fares and reservation systems. Record who makes the commercial decisions and what information is shared.
2. Review sensitive exchanges. Put proposed exchanges of future prices, capacity, routes or other competitively sensitive information through legal review. Limit access and disclosure to what is justified for a lawful purpose; set agendas and keep appropriate meeting records.
3. Document the exemption analysis. Where an exemption is relied on, identify the applicable legal basis and conditions. Keep evidence of efficiencies, user benefits, the necessity of restrictions and the competitive alternatives that remain.
4. Check contracts and actual practice together. Review exclusivity, pricing consultation, capacity coordination and access conditions. Amend arrangements that are not defensible, and check whether operational conduct has moved beyond the signed agreement.
5. Assign responsibility and repeat the review when circumstances change. Involve legal, commercial and operations teams before renewing or expanding cooperation. A new route, partner, information flow or market position may change the assessment.

Effective date and the EU transition

Effective date: 1 October 2026. The Authority’s regulations archive records publication on that date; Article 4(4) provides for immediate entry into force. The regulation does not state a separate grace period for reviewing existing arrangements. [1, Article 4(4)] [2]

Until Albania joins the European Union, assessment remains under Albanian law, this regulation and other applicable Authority acts. Article 4(3) provides that, from accession, Regulations (EC) No. 1/2003 and No. 487/2009 apply directly to matters within EU law, in their versions then in force. National acts continue insofar as applicable and compatible with EU law. This future provision should not be read as making EU membership rules directly applicable in Albania today. [1, Article 4(2)–(3)]

This legal alert provides general information as at 20 October 2026. It does not replace advice on a particular agreement, market or business. The Albanian official text governs; the English and German descriptions are explanatory.