Antitrust & Trade Regulation Transportation

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InterConnect - Summer 2014

In this issue: - Don’t Sail Too Close to the Wind: Enhancing Awareness of Intermodal Shipping Documents - NEMF Class Action Settlement Serves as a Reminder to Carriers to Ensure FCRA Compliance in...more

Malaysian Block Exemption for Liner Shipping Agreements; Read the Fine Print to Ensure Compliance

Cooperative agreements among liner shipping companies have existed in most trades for more than 100 years. Most major trading nations in Asia and the Pacific Rim have recognized the importance of these agreements to both the...more

Consortia block exemption extended by a further five years

Following a public consultation held earlier this year, the EU Commission has announced the extension of the block exemption providing antitrust immunity to certain cooperative agreements between shipping lines until 2020....more

The new Italian Transport Authority becomes operative

On the 15 January 2014 the new established Italian Transport Authority (ITA) - Autorità di Regolazione dei Trasporti - became operative. The main task of the ITA is promoting and protecting competition in the transport...more

Price-Fixing Executive Dealt Tough Sentence for Role in Cartel

On December 6, 2013, Frank Peake, former president of Sea Star Line LLC, was sentenced to five years in prison and ordered to pay a $25,000 fine for his role in fixing prices for rates and surcharges for freight...more

Settlement Of The US Airways/American Airlines Merger Litigation Highlights Changing Antitrust Landscape

On November 12, 2013, US Airways, American Airlines, the U.S. Department of Justice (“DOJ”), and several state Attorneys General announced an agreement to settle the antitrust litigation challenging the merger of the two...more

Commercial Negotiations For Airport Services In The UK Spark A Reconsideration Of Airport Market Power: How Does Australia...

INTRODUCTION - In our August article on recent developments in airport regulation, we considered the United Kingdom (UK) Civil Aviation Authority’s (CAA) path to economic licencing of airports. To recap, the path is...more

American Airlines & US Airways Merger – Opposite positions taken by US and EU competition authorities

Whereas the European Commission has cleared under the EU Merger Regulations the proposed merger between US Airways Group and AMR Corporation, including its main subsidiary American Airlines, on 5 August 2013, the U.S....more

Competition and Regulation Update: Finance Lessons From The Regulation Of UK Airports - A Relevant Case Study For Australian...

INTRODUCTION - Since 2002 when price cap regulation at Australian capital city airports was abolished and replaced with lighthanded price monitoring by the Australian Competition and Consumer Commission (ACCC),...more

Surely, There’s a Better Way: A Critique of Current Federal Regulation of Marine Terminal Operators

In This Presentation: Federal Regulation of Ports; Federal Port Regulation in a Nutshell; Additional Prohibitions (Apply to other actors, not bound by reasonableness factors); Agreements Must be Filed if . . .; Other...more

Competition Issues In Resources Projects Exclusivity In Supply Chains – July 2013 (Australia)

INTRODUCTION - Mining projects require rail and port access to get the resource from the mine to the export market. Owners and users alike are constantly looking for ways to improve the efficiency of the supply chain...more

Competition Issues In Resources Projects - Sharing Infrastructure (Australia)

INTRODUCTION - Users of open access supply chains frequently seek to collectively negotiate various arrangements between themselves and with the supply chain operator. These negotiations and subsequent agreements often...more

Clear Skies Seen Ahead for the American Airlines/U.S. Airways Merger

The recently announced merger of American Airlines and U.S. Airways creates a new carrier that is a behemoth by any measure. The combined airline will have revenues of $39 billion, slightly larger than the current revenue...more

I Don’t Care How Much I Pay (too Much, the Magic Bus)* – Part II

In a prior post, we noted that the U.S. Department of Justice and State of New York filed an antitrust complaint that seeks to unwind a joint venture formed in 2009 by two competing tour bus operators in New York City....more

I Don’t Care How Much I Pay (too Much, the Magic Bus)*

Last week, the U.S. Department of Justice and State of New York filed an antitrust complaint that seeks to unwind a joint venture formed in 2009 by two competing tour bus operators in New York City....more

Up in the air – the suspension of the aviation EU ETS for non-EU airlines: UPDATE

Since our client alert last week, the European Commission has published a draft Decision and ‘Questions and Answers’ (“Q&As”), elaborating on its proposal to ‘stop the clock’ on the international aviation elements of the EU...more

USA v. Fishenko et al.

Letter to the Court Moving for a Permanent Order of Detention

The Federal Bureau of Investigation (FBI) on October 3, 2012 released the following: “Russian Agent and 10 Other Members of Procurement Network for Russian Military and Intelligence Operating in the U.S. and Russia...more

USA v. Fishenko et al

Federal Criminal Indictment

The Federal Bureau of Investigation (FBI) on October 3, 2012 released the following: “Russian Agent and 10 Other Members of Procurement Network for Russian Military and Intelligence Operating in the U.S. and Russia...more

March 1, 2012 - The Federal Crimes Watch Daily

The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney....more

Five Major Freight Forwarding Companies Debarred by U.S. Government

Five freight forwarders who have performed significant work for the U.S. Government and Government contractors have been added to the Excluded Party List System (EPLS), meaning that they have been debarred from U.S....more

Court Tosses Transpacific Air Passengers' Claims Based on Alleged Overcharges for Flights Originating in Asia

On May 9, 2011, the District Court for the Northern District of California dismissed with prejudice air passenger travel claims based on foreign injury in an MDL action alleging a ten-year international conspiracy among the...more

Alliances, Immunity, and the Future of Aviation

Seventeen years after the U.S. Department of Transportation (DOT) granted antitrust immunity (ATI) to an innovative KLM-Northwest joint venture, ATI has become one of the most controversial issues in current aviation law and...more

U.S. Court Grounds Europe-Japan Air Travel Price-Fixing Case

On October 16, 2009, Judge Louis H. Pollak of the United States District Court for the Eastern District of Pennsylvania ruled that the Foreign Trade Antitrust Improvements Act of 1982, 15 U.S.C. § 6a ("FTAIA") mandated...more

Air Cargo Class Action to Proceed -- District Court Overrules Twombly Dismissal Recommendation

On August 21, 2009, Judge John Gleeson of the United States District Court for the Eastern District of New York overruled a magistrate judge’s recommendation to dismiss antitrust and other claims asserted in a multi-district...more

Blue Skies For Continental Airlines In Bid To Join Star Alliance

On July 10, 2009, the U.S. Department of Transportation ("DOT") granted antitrust immunity to Continental Airlines for its planned participation in the Star Alliance, allowing Continental to coordinate international air...more

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