Delta Air Lines, Inc. and Northwest Airlines, Inc. 2010-7-4
About this Order
This order concerns apparent violations by Delta Air Lines, Inc., (Delta), and its operating subsidiary Northwest Airlines, Inc.1
Section 257.4 of the code-share disclosure rule states that the holding out or sale of scheduled passenger air transportation involving a code-share arrangement is an unfair and deceptive trade practice in violation of 49 U.S.C. § 41712 unless, in conjunction with that holding out or sale, carriers follow certain notice requirements, including those of 14 CFR 257.5(a) and (d).
With regard to written or electronic schedule information concerning a flight that is part of a code-share arrangement, section 257.5(a) requires that carriers disclose in written or electronic schedule information available to the public, including the Official Airline Guide (OAG) and, where applicable, computer reservation systems, the corporate name of the transporting carrier, and any other name under which the flight is held out to the public.
Likewise, with regard to published advertisements for air transportation services provided under a code-share arrangement, including those published on the Internet, section 257.5(d) states that the advertisement must identify all potential transporting carriers by corporate name “and by any other name under which that service is held out to the public.” Violations (“Northwest”) of the Department’s code-share disclosure rule, 14 CFR Part 257, and the statutory prohibition against unfair and deceptive practices, 49 U.S.C. § 41712. The instant order directs Delta to cease and desist from future violations of Part 257 and section 41712, and assesses Delta, individually and as successor to Northwest, $80,000 in civil penalties.