The European Commission (EC) launched an investigation into seven international airlines – including BA, AF/KLM, Lufthansa and American Airlines – over possible anti-competitive practices on transatlantic routes that it fears could be harmful to consumers.
The first investigation will look into cooperation between Star Alliance carriers; and the second is into Oneworld carriers. These come in addition to the existing investigation looking at the Skyteam alliance.
BA already submitted documents to the US DoT seeking antitrust immunity for its proposed tie-up with American Airlines. BA believes cost-saving opportunities from closer co-operation will be important as it weathers the downturn.
Any alliances discovered to have engaged in anti-competitive behavior can be fined up to 10% of global turnover and further co-operation be banned. So the outcome is very serious in terms of implications. Note also that this thinking has a sympathizer in Congress called Oberstar.
BA already publicized its intentions to deepen co-operation with AA in a bid to thwart the downturn. BA had hoped to complete a deal this year but previous EU antitrust investigations have taken two years to complete. The partnership would see the two airlines setting capacity and fares on transatlantic routes. They would also share costs and revenues from their joint operations along with Iberia.
Meanwhile, Star Alliance members already received US regulatory approval to establish a similar cost-sharing network.
The EC told The Times: “The level of co-operation appears far more extensive than the general co-operation between these airlines and other airlines, which are part of the Star and Oneworld alliances. The Commission is assessing whether these joint activities may lead to restrictions of competition on certain transatlantic routes.”
A spokesman for BA said: “We believe that the EU-US market is highly competitive with 42 airlines competing non-stop between the two areas. Our joint business agreement would give consumers more choice with a wider network, access to cheaper fares, better connections and more frequent-flyer rewards.”
BA and AA have twice before had their merger attempts rebuffed. However this time chief executive Willie Walsh is arguing that an unprecedented bleak economic outlooks means merger is essential for survival.
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