News & Analysis as of

Aviation Industry Competition

Ballard Spahr LLP

Transportation Department opens probe into rewards programs at four largest airlines

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Saying it wants to protect consumers from unfair, deceptive or anticompetitive practices, the Transportation Department on Sept. 5 launched an investigation into the rewards programs operated by the nation’s four largest...more

Mayer Brown

Europe Daily News, 18 March 2024

Mayer Brown on

COMPETITION - Appeal brought on 10 January 2024 by European Commission against the judgment of the General Court of 25 October 2023 in Case T-136/19, Bulgarian Energy Holding EAD and Others Vs. Commission (Case C-14/24 P)...more

Foley & Lardner LLP

JetBlue-American Ruling Offers Fresh Angle On Antitrust Risk

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The U.S. District Court for the District of Massachusetts recently issued a long-anticipated ruling in an antitrust challenge to the so-called Northeast Alliance, or NEA, between American Airlines Group Inc. and JetBlue...more

Patterson Belknap Webb & Tyler LLP

Recent DOJ Antitrust Cases Against JetBlue

JetBlue Airways Corporation (“JetBlue”) is currently defending two antitrust lawsuits brought by the U.S. Department of Justice (“DOJ”) in the District of Massachusetts. In the first, which was filed in March, DOJ challenges...more

K&L Gates LLP

Brussels Regulatory Brief: February 2023

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Antitrust and Competition - Consultation on the European Commission’s Proposal for a Temporary Crisis and Transition Framework - On 1 February 2023, member states of the European Union received a consultation on a draft...more

Fox Rothschild LLP

Airline Mergers: The Role of the FAA

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Much has been and is being said regarding the proposed merger of Jet Blue and Spirit. Recent reports suggest that the Department of Justice will make its position known shortly. One aspect of the merger that has received...more

K&L Gates LLP

This Is Your (Antitrust) Captain Speaking: Fasten Your Seatbelts and Comply with Competition Law

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An open letter was issued in January 2023 by the United Kingdom’s Competition and Markets Authority (CMA) and Civil Aviation Authority (CAA) in which the two watchdogs have reminded airport operators of their responsibilities...more

K&L Gates LLP

Brussels Regulatory Brief: October 2022

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ANTITRUST AND COMPETITION - Commission Adopted the Revised Informal Guidance Notice for Novel or Unresolved Competition Issues - Following a public consultation, the European Commission (Commission) published on 3 October...more

Perkins Coie

Antitrust Enforcers Heeding President’s Call on Agriculture and Transportation

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President Joe Biden issued Executive Order 14036 on Promoting Competition in the American Economy on July 9, 2021. Touting the advantages of an “open and competitive economy,” the executive order highlights how competitive...more

Cozen O'Connor

Biden’s Competition EO Mandates Scrutiny of Airline Practices

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On July 9, 2021, President Biden issued an Executive Order (EO) designed to promote competition across the U.S. economy. The EO targets a swath of industries — from agriculture to information technology to prescription drugs...more

White & Case LLP

Aviation M&A braces for impact

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COVID-19 travel restrictions have put the aviation industry on the backfoot. M&A will not be an immediate priority, but consolidation and distressed deals will come in time - The aviation sector has been one of the hardest...more

Cozen O'Connor

U.S. Department of Transportation Proposes to Define “Unfair and Deceptive Practices”

Cozen O'Connor on

One of the most significant roles of the U.S. Department of Transportation (DOT) is in protecting airline consumers from “unfair and deceptive practices” and “unfair methods of competition” by air carriers and ticket agents. ...more

Orrick - Antitrust Watch

U.S. v. Sabre: Putting the Innovation Theory of Harm to the Test?

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In its recent complaint challenging the $360 million acquisition of Farelogix by Sabre, the Department of Justice (“DOJ”) appears to have left the door open to offering proof that harm to innovation in the market for airline...more

K&L Gates LLP

Brussels Air Transport Brief: June 2019

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AVIATION REGULATORY AND POLICY - Aviation Policy: Regulation On Safeguarding Competition In Air Transport - On 10 May 2019 Regulation (EU) 2019/712 on safeguarding competition in air transport of 17 April 2019 was published...more

K&L Gates LLP

Brussels Air Transport Brief: May 2019

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AVIATION REGULATORY AND POLICY - Fair Competition In Air Transport: Adoption Of Legislative Proposal - On 9 April 2019 the Council of the EU formally adopted the legislative proposal for a Regulation on safeguarding...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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After the tragic crash of Ethiopian Airlines Flight 302 this weekend, Ethiopia, Indonesia, and China have moved to ground all flights on Boeing’s new 737 Max 8 planes until further notice. ...more

K&L Gates LLP

ACCC 'Takes off' Against Airline's no Refund Policies: Passenger Transport, Hospitality & Leisure Providers Beware

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In Brief - Airline operators Qantas, Jetstar, Tigerair and Virgin Australia have each recently admitted that they may have breached the Australian Consumer Law (ACL) by misleading consumers about their rights and remedies. ...more

K&L Gates LLP

Brussels Regulatory Brief: January 2019

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Antitrust and Competition - The European Commission conditionally approves a transaction in the data security sector after in-depth review - On 11 December 2018, the European Commission announced it had conditionally...more

Jones Day

Australia's ACCC Alarmed at Increasing Issues Arising from Consumer Guarantees

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The Situation: The Australian Competition and Consumer Commission ("ACCC") has identified a 39 percent increase in consumer guarantee reports in 2017 as compared with 2016, from 21,000 to 29,000. Looking Ahead: The ACCC...more

K&L Gates LLP

It is the Reality of the Commercial Relationship That Counts: Travel Agent Flight Centre is a Competitor to the Airlines

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- The High Court has allowed the Australian Competition and Consumer Commission's (ACCC) appeal in its prosecution of Flight Centre for attempted price-fixing arrangements with airlines. - The ACCC was successful in...more

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