EC Blesses BA/AA Joint Venture After Slot-Shedding Commitment - Business Travel News

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EC Blesses BA/AA Joint Venture After Slot-Shedding Commitment

July 14, 2010 - 12:10 PM ET

By Jay Boehmer

The European Commission on Wednesday said it has closed its investigation on the pending British Airways, American Airlines and Iberia transatlantic joint venture, requiring the carriers to make good on a concession that they make slots available "to facilitate the entry or expansion of competitors on routes between London and New York, Boston, Dallas and Miami." The carriers still await final approval from the U.S. Department of Transportation.

The EC last September said the joint venture "may be in breach of European rules on restrictive business practices," initiating a review. The carriers in March offered to give up slots between London and Boston, New York, Dallas and Miami in their quest to gain antitrust immunity and move forward with their proposed joint venture. Following a "market test," the commission today concluded "that the commitments offered were suitable to remedy the competition concerns and has closed its investigation."

Those commitments from the carriers are binding for 10 years, EC said, noting that the slots the carriers agreed to relinquish would "allow one or more competitors to operate a total of 49 more return flights a week between London and the four affected destinations in the U.S. On the London-New York citypair, the parties also propose to provide the competitor with slots at New York John F. Kennedy airport."

More than three months past its Oct. 31 statutory deadline, U.S. DOT in mid-February this year tentatively approved the joint venture on a similar condition that the carriers relinquish four daily slot pairs at London Heathrow Airport. That tentative approval kicked off a 45-day comment period. Though long concluded, the carriers still await a final blessing.

That can't come soon enough for BA CEO Willie Walsh, who in a speech earlier this month in London said, "As I'm sure everyone here knows, the Star and SkyTeam alliances already operate with the benefit of transatlantic antitrust immunity. For them to remain the only immunized alliances across the Atlantic would not be in the consumer interest. With our Oneworld partners, we will provide customers with choice—and we are ready."

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