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American, BA Land Antitrust Immunity

By Jay Boehmer / August 09, 2010 / Contact Reporter
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Last month's joint venture approval for American Airlines and British Airways came more than 10 years after the carriers first applied for antitrust immunity, more than two years since competitors Delta Air Lines and Air France-KLM received approval to launch their own joint venture and more than six months past the U.S. Department of Transportation's statutory deadline to approve their application to jointly set fares, align capacity, plan services and share revenues across the Atlantic.

As the last transatlantic antitrust immunity request pending before DOT, American Airlines and British Airways, along with Iberia and other Oneworld partners Finnair and Royal Jordanian, now have permission to compete in the new realm of joint venture corporate contracting, currently dominated by Star Alliance and SkyTeam competitors.

Implementation should come faster than approval, but an offering to corporates still remains months away. "We've been in planning discussions with both Iberia and American on a fairly regular basis for over a year now," British Airways executive vice president for the Americas Simon Talling-Smith said this month. "Of course, those conversations have been a bit limited, pre-antitrust immunity. Now, we can really complete the conversations and venture into this territory that we were unable to discuss before."

Talling-Smith said the carriers should "hit the ground running fairly fast," with plans this fall to formally launch the first benefits of the joint venture—including frequent flyer reciprocity between AA and BA—with other benefits to be rolled out gradually over the course of the next year. Talling-Smith expects the carriers to begin coordinating transatlantic schedules by the middle of next year, while a more singular approach to corporate clients, including joint contracting, should come even sooner.

"I think in general terms we'll be doing that in early 2011—so pretty soon after the launch. Then, we can evolve it fairly quickly to more benefits for the corporates," Talling-Smith said. "That evolution includes being able to move through various degrees of sophistication on the way we deal with a corporate through the joint venture."

The growing dominance of transatlantic joint ventures is fundamentally changing how airlines sell services to corporate travel buyers, as government approvals for antitrust immunity are converting nearly one dozen distinct transatlantic competitors into three dominant entities that in total control 80 percent of the North Atlantic market.

The four-way joint venture of Star Alliance carriers Continental, Lufthansa, United and Air Canada went live on Jan. 1 after antitrust immunity approval last year, enabling the four entities to coordinate transatlantic corporate contracts. Delta Air Lines and Air France-KLM, meanwhile, are furthest along in their joint venture development, having secured antitrust approval in 2008 and offering joint corporate contracts across the Atlantic.

BA and American, meanwhile, are working through their own account management strategy and overall corporate contracting approach in addition to the more challenging aspect of melding two distinct airline cultures into one joint venture.

"We understand that grappling with the cultural and behavioral changes that exist in the next 12 months or so is probably one of the most difficult things we'll do," Talling-Smith said. "It's going to be hard to align rules and policies and data and measures and all of those things, but we have a very strong interest to do that. The cultural things run deeper and are generally harder to change. We have trained successfully both of our sales forces to compete on a very strong basis with each other, and only until literally a few weeks ago in the eyes of the law, we were competitors and economically we still are competitors. That move from competitive working to partnership is easily said, and relatively difficult to deliver."

American CEO Gerard Arpey added, "While we've had a very impactful and great partnership with British Airways, we have been fighting a huge battle to get customers to ride on American and not ride on British Airways, even though they're our partner. So, one of the first seminal things that happens in that deal is that we don't care about that anymore."

The Oneworld partners were the last to apply for antitrust immunity in the latest round of efforts, though the carriers have not had good luck with regulators prior to that attempt. British Airways and American Airlines in January 2002 retracted their second application for antitrust immunity after regulators demanded they surrender 224 weekly slots at London Heathrow Airport. The two carriers also failed in 1999 to obtain what they considered acceptable terms for antitrust immunity.

DOT's final antitrust immunity approval last month, however, maintained the conditions placed on the carriers' tentative approval, requiring American and British Airways to relinquish to competitors four daily slot pairs at Heathrow Airport "with two pairs to be used for Boston-London service and the other two for service from any other U.S. cities," DOT said, while prior European Commission conditions required the carriers to make slots available "to facilitate the entry or expansion of competitors on routes between London and New York, Boston, Dallas and Miami."

"We're obliged to make slots available to new entrants or existing players on the routes, as specified by the DOT and EU rulings, but making available and giving up are two different things," BA's Talling-Smith said, noting the timing for such a transaction would come next summer and the carriers could maintain the slots if competitors don't come forward.

This story originally appeared in the August 9, 2010, edition of Business Travel News.


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