International Airline Alliances : EC Competition Law/US Antitrust Law and International Air Transport

International Airline Alliances : EC Competition Law/US Antitrust Law and International Air Transport PDF

Author: Angela Cheng-Jui Lu

Publisher: Kluwer Law International B.V.

Published: 2003-01-01

Total Pages: 448

ISBN-13: 9041119094

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This new study takes a keen look at the problems facing the international community due to conflicts arising from applications of varying competition laws by different competition authorities to international airline alliances. As a result of privatisation, deregulation, liberalisation and globalisation, international air carriers form alliances with one another in order to cope with growing competition in the international air transport market. This book clearly provides an introduction to the background to and origin of airline alliances, different models of alliances and the related anti-competitive practices resulting from existing international airline alliances. The potential anti-competitive practices resulting from these cross-border alliances trigger a great deal of concern from various competition authorities. Thus, this study goes on to provide a detailed analysis regarding the relevant EC competition law and US antitrust law and their applications to alliance activities. The comparison of different applications of EC competition law and US antitrust law to international airline alliances provides leading research results first-hand. In the conclusion, the essential elements regarding establishing a level playing field in the international air transport market are identified and the author provides possible solutions for the harmonisation of different applications of competition law to international airline alliances.

Competition and Regulation in the Airline Industry

Competition and Regulation in the Airline Industry PDF

Author: Steven Truxal

Publisher: Routledge

Published: 2013-01-04

Total Pages: 210

ISBN-13: 1136315330

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An examination of the relationship between competition and the deregulation and liberalisation of the US and European air transport sectors reveals that the structure of the air transport sector has undergone a number of significant changes. A growing number of airlines are entering into horizontal and vertical cooperative arrangements and integration including franchising, codeshare agreements, alliances, ‘virtual mergers’ and in some cases, mergers with other airlines, groups of airlines or other complementary lines of business such as airports. This book considers the current legal issues affecting the air transport sector incorporating recent developments in the industry, including the end of certain exemptions from EU competition rules, the effect of the EU-US Open Skies Agreement, the accession of new EU Member States and the Lisbon Treaty. The book explores the differing European and US regulatory approaches to the changes in the industry and examines how airlines have remained economically efficient in what is perceived as a complex and confused regulatory environment. Competition and Regulation in the Airline Industry will be of particular interest to academics and students of competition law as well as EU law.

Harmonising Regulatory and Antitrust Regimes for International Air Transport

Harmonising Regulatory and Antitrust Regimes for International Air Transport PDF

Author: Jan Walulik

Publisher: Routledge

Published: 2018-11-29

Total Pages: 252

ISBN-13: 1351134892

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Harmonising Regulatory and Antitrust Regimes for International Air Transport addresses the timely and problematic issue of lack of uniformity in legal standards for international civil aviation. The book focuses on discrepancies within the regulatory and antitrust framework, comprehensively reveals the major legal limitations and conflicts, and presents possible solutions thereto. It discusses possible strategies for multilateralisation and defragmentation of air law, and for international harmonisation of airline economic regulation with fair competition standards. This discussion extends to competition between air transport law and other legal regimes as well as to specific regulatory problems related to air transport. The unique feature of the book is that it reconciles distinct perspectives on these issues presented by renowned aviation and aerospace experts who represent the world’s key air transport markets and air law academic centres. By providing unbiased solutions that could serve as a base for future international arrangements, this book will be invaluable for aviation professionals, as well as students and scholars with an interest in air law, economic regulation, antitrust studies, international relations, transportation policy and airline management.

European Aviation Law

European Aviation Law PDF

Author: Paul Stephen Dempsey

Publisher: Kluwer Law International B.V.

Published: 2004-01-01

Total Pages: 257

ISBN-13: 9041122656

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Once a byword for the economic power of national government - with competition strictly regulated - European commercial aviation has now virtually become a market without state-imposed anticompetitive restrictions. Although intended to enhance competition, this situation has in fact driven airlines to form massive global alliances cartels that offer ever-shrinking benefits to the consumer. In this extraordinarily thorough, blow-by-blow analysis of how this happened ? or was allowed to happen ? one of the world?s most eminent aviation law authorities explores the subject with a lucid insight fully informed by historical breadth and a keen appreciation of current pressures. Commercial aviation emerges as the crucible par excellence of the convergence of prevailing global ideology, economics, and international law. Among the numerous interrelated topics investigated in depth by Professor Dempsey, the following may be mentioned: the principal actors, including scores of airlines, the European Union, and a number of air transport associations; the labyrinth of bilateral air transport agreements; the relevance of the Treaty of Rome?s competition rules and the EU merger regulations to air transport; the important Court of Justice cases that circumscribed the zone of application in which the competition rules can regulate air transport: French Seamen?s Case, Transport Policy Decision, Olympic Airway, Nouvelles Fronti?res, Ahmed Saeed, and the 2002 `Open Skies? Decision; the 1991 U.S.-EC agreement regarding the application of competition laws; the sequence of EU aviation regulatory `packages?; regulation of non-economic issues (air traffic congestion, noise limitations, air carrier liability, civil aviation accident/incident investigations, denied boarding compensation); the effect of the U.S. government?s increasing invocation of antitrust immunity; computer reservation systems (especially code-sharing procedures); jointly-owned web sites for ticket sales and other e-commerce joint ventures; frequent flyer program alliances; and the emergence of global megacarriers. The author?s presentation emphasizes the regulatory constructs that currently affect the European air transport market: pricing and tariffs, pooling of revenue, market access (licensing, capacity limits, traffic rights, slot allocation), ground handlings, cargo services, state aid, and the power of the EU to act on the commercial aviation world stage for Member States. Each of these areas of analysis begins with an overview of the general regulatory environment for that area followed by a detailed chronological delineation of relevant packages, proposals, resolutions, and regulations. Because of the enormous role played by international air transport with respect to gross national product, employment, and energy consumption, European Aviation Law is of great importance not only to European lawyers but to officials, policymakers, practitioners, and academics in a number of relevant fields worldwide.

European Union Competition Law in the Airline Industry

European Union Competition Law in the Airline Industry PDF

Author: John Milligan

Publisher: Kluwer Law International B.V.

Published: 2017-04-15

Total Pages: 234

ISBN-13: 9041166289

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Since the liberalisation of air transport in the EU in the late 1980s, with the application of competition law to agreements and practices within the EU, and between EU and non-EU airlines since 2004, competition has intensifi ed and the industry has evolved, with the emergence of low cost carriers, greater consolidation between full service carriers through mergers and alliances, and most recently, convergence of business models as airlines respond to competitive pressures. The enforcement of competition law has also increased within the EU – at EU and EU member state level and internationally. This practical and thoroughly researched book, minimising the need for cross-referencing, is the only current comprehensive study of European competition law from the perspective of the airline industry. Among the issues and topics covered are the following: - commercial agreements between airlines such as code-sharing, mergers and alliances and other joint ventures; - means of distribution such as computer reservation (or global distribution) systems and travel agents; - supply and distribution agreements; - abusive conduct by dominant companies including airports, airlines, or other companies; - cartels, including the Airfreight cartel case; - information exchange between competitors; - procedure, enforcement and private actions for damages; - state aid to airlines by Governments, through agreements between regional airports and low cost carriers, and aid to airports; and - subsidies by non-EU countries to airlines. The author also gives an overview of the liberalisation process, the European Common Aviation Area, agreements with non-EU countries, latest developments (including Brexit) and ongoing trends. As a practical guide to the application of competition law in relation to drafting commercial agreements, planning and structuring mergers and alliances, assessing existing agreements, or handling claims or disputes among airlines or airports, legal practitioners in the transport fi eld will fi nd this book to be of inestimable value, as will business persons at airlines and airports. For regulators, academics, and university libraries, this book will also prove itself indispensable.

Antitrust Immunity and International Airline Alliances

Antitrust Immunity and International Airline Alliances PDF

Author: William Gillespie

Publisher: BiblioGov

Published: 2013-06

Total Pages: 32

ISBN-13: 9781289072902

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Most of the major carriers worldwide have joined one of three international airline alliances. The U.S. Department of Transportation has granted immunity from the U.S. antitrust laws to many carriers within these alliances. This article assesses the competitive effects and efficiencies associated with such grants. A grant of antitrust immunity to carriers in an alliance reduces competition in routes where these carriers offer competing flights, and the data show that fares paid by passengers for travel in non-stop trans-Atlantic flights are higher in routes with fewer independent competitors. The data also show that the alliances can produce pricing efficiencies for trans-Atlantic passengers who travel with connecting itineraries, but antitrust immunity within an alliance is not necessary to achieve such efficiencies.

Beyond Open Skies

Beyond Open Skies PDF

Author: Brian F. Havel

Publisher: Kluwer Law International B.V.

Published: 2009-01-01

Total Pages: 750

ISBN-13: 904112389X

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'Beyond Open Skies' offers a systematic comparative analysis of the legal and policy dimensions of airline deregulation by federal fiat in the United States and by supranational collaboration in the European Union. The book draws upon a variety of sources, including very recent developments in U.S. and EC international aviation law, policy, and diplomacy, to propose a genuine multilateral air transport system. It examines the potential of the 'open skies' initiative, in the aftermath of the new U.S./EC air transport agreement, to inspire a genuine globalization of the world's air transport industry in such crucial aspects as the following: cabotage; ownership and citizenship requirements; route selection; airline identity; capacity; pricing regimes; competition and public aid; regulatory harmonization; labor laws; provisions for charter and/or cargo transportation; fair operation of and access to computer reservations systems; authorization of code-sharing arrangements; alliances and antitrust immunity; and dispute resolution.

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