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Flybondi, a la expectativa de una decisión judicial contra las “bandas tarifarias”

Buscan reimponer el Gobierno en favor de Aerolíneas Argentinas

La Justicia ya tendría en manos las respuestas a consultas a causa de la cautelar que presentó la compañía low cost.

Flybondi, una de las dos low cost (la otra es JetSmart) que cubre rutas de cabotaje aéreo de pasajeros en el mercado aerocomercial argentino, dominado por la estatal Aerolíneas Argentinas, está a la expectativa de una resolución judicial que impida que el Gobierno pueda aplicar la política de “bandas tarifarias” que buscó restablecer a través del decreto 879, de fines del año pasado y que, según el plazo entonces fijado por el Ejecutivo, debería entrar en vigencia antes de fines de junio.

A raíz de esa medida, que establece un mínimo a la tarifa que pueden cobrar las aéreas, quitándoles a las low cost su principal factor de competitividad ante la empresa estatal de bandera, Flybondi interpuso el 22 de febrero pasado una medida cautelar solicitando a la Justicia que disponga la suspensión de los efectos y de la aplicación de la norma hasta que el Ejecutivo resuelva el Reclamo Administrativo que había presentado una semana antes, el 15 de febrero, pidiendo la revocación del decreto 879.

La cautelar está radicada en el Juzgado Contencioso Administrativo Federal N° 7, a cargo del juez Pablo Cayssials, que ya tendría en sus manos las respuestas de organismos del Estado, como el ministerio de Transporte y la Administración Nacional de Aviación Civil (ANAC), para decidir si da lugar al pedido de Flybondi.

La empresa busca, con el recurso legal, expresar su preocupación por el avance de políticas que considera “absolutamente perjudiciales” para los pasajeros, en especial para aquellos de menores recursos, a los que el Estado busca con su medida imponer tarifas más caras. La empresa aspira a frenar la aplicación del decreto que considera que perjudica también el crecimiento de la conectividad de las provincias y contrario al desarrollo del mercado aerocomercial argentino.

Flybondi apunta también contra la distribución de rutas internacionales a las aerolíneas, que considera absolutamente sesgada en favor de Aerolíneas Argentinas, beneficiaria del acceso a rutas que les son negadas a las compañías privadas

Al imponer un piso tarifario, el Gobierno busca obligar a las low cost a subir sus tarifas, a favor de Aerolíneas Argentinas, que cuenta además con ventajas en la asignación de rutas y espacio en aeropuertos, amén de la asistencia del Tesoro, que en 2021 le financió perdidas por el equivalente a USD 835 millones.

Flybondi argumenta además que el medio por el que el Ejecutivo busca imponerle bandas tarifarias es contrario a la ley 19.030, de Transporte Aerocomercial, sancionada en mayo de 1971, una norma vigente y de jerarquía superior, y que por lo tanto el decreto es inconstitucional.

Flybondi argumenta que el gobierno busca favorecer a Aerolíneas Argentinas, que ya cuenta con ventas en la asignación de rutas, espacio en aeropuertos y asistencia del Tesoro, que en 2021 le financió perdidas por el equivalente a USD 835 millones
REUTERS/Agustin MarcarianFlybondi argumenta que el gobierno busca favorecer a Aerolíneas Argentinas, que ya cuenta con ventas en la asignación de rutas, espacio en aeropuertos y asistencia del Tesoro, que en 2021 le financió perdidas por el equivalente a USD 835 millones –

Sin embargo, la política de “bandas tarifarias” rigió entre 2002 y 2018, cuando el gobierno de Mauricio Macri la abandonó, para facilitar el ingreso de las compañías low cost y aumentar la competitividad del mercado aerocomercial.

El decreto 879, que busca reimponerlas, estableció un plazo de 180 días para la publicación de las nuevas bandas, que vence el 24 de junio, teniendo en cuenta que la norma fue publicada en el Boletín Oficial el 24 de diciembre, en vísperas de Nochebuena, cual regalito de fin de año.

Fijándole precios mínimos, el Estado va en perjuicio de Flybondi (que presentó la medida cautelar) y JetSmart, que no lo hizo. Aunque no se aplican a todos los vuelos y, cuando se aplican, se ofrecen para un número limitado de pasajes, los descuentos les han permitido a las low cost ofrecer pasajes hasta 50% más baratos, si se compran con suficiente antelación, que Aerolíneas Argentinas.

En los considerandos del decreto 879 el gobierno señaló que esas políticas de precios son “ruinosas” para Aerolíneas y otras líneas que pretendan establecerse. Según los funcionarios y directivos de la empresa estatal, lo que las low cost buscan con descuentos selectivos es destruir la competencia en ciertas rutas, para aplicar luego una política de precios de tipo monopólico.

En cualquier caso, la fijación de bandas de precios, con sus correspondientes mínimos, suena extraña y contraria al esfuerzo que, en otros frentes, aplica el secretario de Comercio Interior, Roberto Feletti. Una suerte de “Precios Descuidados” a favor de Aerolíneas, la empresa estatal conducida por La Cámpora.

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