DOT Aviation Anti-Trust Immunity Cases

1

American - Finnair

DOT-OST-2002-12063

Expanded in DOT-OST-2008-0252

American - British Airways - Iberia - Finnair - Royal Jordanian

        DOT-OST-2008-0252

2

American - Japan Airlines

DOT-OST-2010-0059

3

American – Qantas

DOT-OST-2018-0030

4

Northwest - KLM

DOT-OST-1995-579

Expanded in DOT-OST-2007-28644

Delta - Air France - Alitalia - Czech Airlines

DOT-OST-2001-10429

Expanded in DOT-OST-2007-28644

Delta - Northwest - Air France - KLM - Alitalia - Czech Airlines

DOT-OST-2007-28644

Expanded in DOT-OST-2013-0068

Delta - Virgin Atlantic - Air France - KLM - Alitalia

DOT-OST-2013-0068

6

Delta - Aeromexico 

DOT-OST-2015-0070 

7

Delta - LATAM

DOT-OST-2020-0105

8

United - Lufthansa

DOT-OST-1996-1116

Expanded in DOT-OST-1996-1411

United - Lufthansa - SAS

DOT-OST-1996-1411

Expanded in DOT-OST-1996-1434

United - Air Canada

DOT-OST-1996-1434

Expanded in DOT-OST-2000-7828

United - Austrian - Lufthansa - SAS

DOT-OST-2000-7828

Expanded in DOT-OST-2001-10575 and OST-2001-11029

United - BMI - Austrian - Lufthansa - SAS

DOT-OST-2001-10575

Expanded in DOT- OST-2005-22922

United - Lufthansa - Air Canada - SAS - Austrian - BMI - LOT - Swiss - TAP

DOT-OST-2005-22922

Expanded in DOT-OST-2008-0234

United - Lufthansa - Air Canada - SAS - Austrian - BMI - LOT- Swiss - TAP

DOT-OST-2008-0234

9

United - Air New Zealand

DOT-OST-1999-6680

10

United - Copa

DOT-OST-2000-8577

11

United - Asiana

DOT-OST-2003-14202

12

United - All Nippon Airways

DOT-OST-2009-0350

Expanded in DOT-OST-2010-0059

13

SAS - Iceland Air

DOT-OST-2000-7248

American – Finnair

(April 4, 2002)

DOT-OST-2002-12063

Order 2002-7-39 (July 30, 2002)

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

Confidential progress report due annually.

Case expanded in DOT-OST-2008-0252.

American – British Airways - Iberia – Finnair – Royal Jordanian

(August 15, 2008)

DOT-OST-2008-0252

Order 2010-2-8 (February 13, 2010)

Order 2010-7-8 (July 20, 2010)

European Commission Case COMP/F-1/39.596 – BA/AA/IB

The authority was granted subject to a slot remedy.  For a period of 10 years from the date of approval, applicants must transfer four slot pairs at London Heathrow to competitors: 2 for Heathrow-Boston services and 2 for services between Heathrow and any U.S. city.

Administered confidentially by the trustee Competition Rx on behalf of the European Commission.  Slots are allocated each IATA season via confidential auction (see, e.g., notice for Summer Season 2020).

Amended with Order 2020-12-20 to add Aer Lingus to the immunized Joint Venture.  This order also withdrew ATI between the parties and Royal Jordanian.

Aer Lingus UK is considered an immunized affiliate as of September 2021.

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

Confidential progress report due annually.

American – Japan Airlines

(February 12, 2010)

DOT-OST-2010-0059

Order 2010-10-4 (October 6, 2010)

Order 2010-11-10 (November 10, 2010)

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

Confidential progress report due annually.

This case was combined with the United – All Nippon Airways ATI application as a consolidated U.S. – Japan ATI case.

American – Qantas

(February 26, 2018)

DOT-OST-2018-0030

Order 2019-5-23

(June 3, 2019)

Order 2019-7-7

(July 19, 2019)

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

Confidential progress report due annually in July.

Self-assessment due six years and six months from approval (January 2027).

Northwest – KLM

(September 9, 1992)

DOT-OST-1995-579

Order 92-11-17 (November 20, 1992)

Order 93-1-11 (January 11, 1993)

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

Confidential progress report due annually. 

DOT-OST-2013-0068

Delta – Air France - Alitalia – Czech Airlines

(August 15, 2001)

DOT-OST-2001-10429

Order 2002-1-6 (Jan. 18, 2002)

Carve outs for U.S. point-of-sale time sensitive passengers in the Atlanta-Paris, and Cincinnati-Paris markets (removed by Order 2008-5-32).

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

Confidential progress report due annually.

This alliance was expanded in Dockets DOT-OST-2007-28644 and DOT-OST-2013-0068.  

The carve outs were removed by Order 2008-5-32 (May 22, 2008) in Docket DOT-OST-2007-28644.

DOT-OST-2013-0068

Delta – Korean Air – Air France - Alitalia – Czech Airlines

(March 13, 2002)

DOT-OST-2002-11842

Order 2002-6-18   (June 27, 2002)

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

Confidential progress report due annually.  (see Docket DOT-OST-2007-28644).

Joint Venture exclusively between Delta and Korean Air approved by letter with conditions, DOT-OST-2002-11842-0021  (November 20, 2017).

Order 2017-11-8 (November 17, 2017) denied motion of JetBlue to institute a de novo proceeding.

Delta – Northwest – Air France - KLM – Alitalia – Czech Airlines 

(June 28, 2007)

DOT-OST-2007-28644

Order 2008-4-17 (April 9, 2008)

Order 2008-5-32 (May 22, 2008)

Order 2008-5-32 integrates the two previous grants of immunitey in Dockets DOT-OST-1995-579 and DOT-OST-2001-10429. 

Removed carve outs from Order 2002-1-6.

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

Confidential progress report due annually.

DOT-OST-2013-0068

Delta – Virgin Atlantic – Air France - KLM – Alitalia

(April 8, 2013)

DOT-OST-2013-0068

Order 2013-8-21 (August 30, 2013)

Order 2013-9-14 (September 23, 2013)

Amended by Order 2019-11-14 to remove the gaps between Delta’s two existing parallel joint ventures with Virgin Atlantic and Air France – KLM.  This order also withdrew ATI between the parties and Alitalia and CSA Czech Airlines.

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

Confidential progress report due annually.

Delta – LATAM

(September 30, 2022)

DOT-OST-2020-0105

Order 2022-6-15  (June 23, 2022)

Order 2022-9-20 (September 30, 2022)

Agreement covering codeshare, revenue share, joint marketing, scheduling for all flights between North America and Brazil, Chile, Colombia, Paraguay, Peru, and Uruguay for Delta and LATAM (and subsidiaries).  

Full-itinerary Origin-Destination Survey of Airline Passenger traffic for all passenger itineraries that include a United States point.

 Confidential progress report due annually.
 

Delta – Aeromexico

(March 31, 2015)

DOT-OST-2015-0070

Order 2016-11-2 (Nov. 4, 2016)

Order 2016-12-13 (Dec. 14, 2016)

Phase I: Order 2017-4-6 (April 10, 2017)

Phase II: Order 2018-7-2 (July 3, 2018) 
 

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

Confidential progress report due annually.

Reapplication required no later than March 31, 2022.

United – Lufthansa

(February 29, 1996)

DOT-OST-1996-1116

Order 96-5-12 (May 9, 1996)

Order 96-5-27 (May 20, 1996)

Carve outs imposed for U.S. point-of-sale nonstop O&D traffic in the Chicago-Frankfurt and Washington-Frankfurt markets (since withdrawn).

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

Confidential progress report due annually.

Case expanded in DOT-OST-1996-1411.

DOT-OST-2008-0234

United – Lufthansa – SAS

(May 28, 1996)

DOT-OST-1996-1411

Order 96-11-1 (November 1, 1996)

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

Confidential progress report due annually. 

Case expanded in DOT-OST-1996-1434.

DOT-OST-2008-0234

United – Air Canada

(June 4, 1996)

DOT-OST-1996-1434

Order 97-9-21 (September 19, 1997)

Initial grant of ATI was for U.S. – Canada transborder markets only.  The scope was expanded to global immunity by Order 2007-2-16 (February 13, 2007). 

Carve outs imposed for all U.S. point-of-sale traffic in the following markets: 

• Chicago – Toronto
• San Francisco – Toronto

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

Confidential progress report due annually. 

Case expanded in DOT-OST-2000-7828.

DOT-OST-2008-0234

United – Austrian – Lufthansa – SAS

(August 18, 2000)

DOT-OST-2000-7828

Order 2001-1-19 (January 26, 2001)

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

Confidential progress report due annually. 

Case expanded in DOT-OST-2001-10575 and DOT-OST-2001-11029.

DOT-OST-2008-0234

United – BMI – Austrian – Lufthansa – SAS

(September 5, 2001)

DOT-OST-2001-10575

Order 2002-4-4 (April 4, 2002)

(subject to U.S. – UK Open Skies within 6 months of issue date)

Order 2002-10-6 (October 3, 2002)

(subject to achieving U.S. – UK Open Skies by December 31, 2002) 

Order 2002-12-22 (December 31, 2002)

(subject to achieving U.S. – UK Open Skies by June 30, 2003). 

Order 2003-6-39 (June 30, 2003)

(Subject to achieving U.S. – UK open skies agreement).

Order 2007-9-12 (September 12, 2007)

(authority granted effective March 30, 2008 (Docket DOT-OST-2001-11029))

Case rulings were dependent on a U.S. – United Kingdom Open Skies Agreement, which came to fruition as a U.S. – EU Air Transportation Agreement that became effective March 30, 2008.  Open Skies agreements fully liberalize aviation international markets and are requisite for antitrust immunity.      

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

Confidential progress report due annually.

Case expanded in DOT-OST-2005-22922.

DOT-OST-2008-0234

United – Lufthansa – Air Canada – SAS – Austrian – BMI – LOT – Swiss – TAP

(November 4, 2005)

DOT-OST-2005-22922

Order 2006-12-17 (December 19, 2006)

Order 2007-2-16 (February 13, 2007)

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

Confidential progress report due annually.

See also DOT-OST-1996-1434, Order 2007-2-16, because Air Canada is part of the immunized alliance.  British carrier BMI ceased operations in 2012.

DOT-OST-2008-0234

United - Lufthansa - Air Canada - SAS - Austrian - BMI - LOT- Swiss – TAP

(July 23, 2008)

DOT-OST-2008-0234

Order 2009-4-5 (April 7, 2009)

Order 2009-7-10 (July 10, 2009)

Excludes all local O&D (origin – destination) U.S. point-of- sale passengers in the following markets:

•    Cleveland-Toronto
•    Houston-Calgary (Withdrawn as of February 9, 2020 in Notice on February 24, 2020)
•    Chicago-Toronto (Withdrawn as of February 9, 2020 in Notice on February 24, 2020)
•    New York-Lisbon (applies to non-JV carriers only) (Withdrawn as of February 11, 2020 in          Notice issued February 24, 2020)
•    New York-Ottawa (Withdrawn as of February 9, 2020 in Notice issued February 24, 2020)

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

Confidential progress report due annually.

Brussels Airlines, a Lufthansa-controlled affiliate, added as a subsidiary by Order 2011-11-16 (Nov. 16, 2011).  British carrier BMI ceased operations in 2012.

Air Canada rouge, Eurowings, and Eurowings Discover are considered immunized affiliates as of September 2013, October 2015, and June 2021, respectively.

United – Air New Zealand

(December 17, 1999)

DOT-OST-1999-6680

Order 2001-3-4 (March 2, 2001)

Order 2001-4-2 (April 3, 2001)

Excludes all local U.S. POS, time-sensitive travelers (unrestricted coach, business, or first-class fares):

• Los Angeles-Auckland
• Los Angeles-Sydney

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

United – COPA

(December 22, 2000)

DOT-OST-2000-8577

Order 2001-5-1 (May 3, 2001)

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

The case was originally filed by Continental Airlines.  United, upon merging with Continental, retained the antitrust immunity with approval from DOT in a route transfer proceeding.

United – Asiana

(January 3, 2003)

DOT-OST-2003-14202

Order 2003-5-18 (May 14, 2003)

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

United – All Nippon Airways

(December 23, 2009)

DOT-OST-2010-0059

Order 2010-10-4 (October 6, 2010)

Order 2010-11-10 (November 10, 2010)

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.

Confidential progress report due annually.

Initial application filed in DOT-OST-2009-0350.  The proceedings were consolidated into DOT-OST-2010-0059 by Order 2010-3-10 (March 11, 2010).  This docket also includes the American – Japan Airlines request for antitrust immunity.

SAS – Iceland Air

(April 13, 2000)

DOT-OST-2000-7248

Order 2000-10-13 (October 13, 2000)

Full-itinerary Origin-Destination Survey of Airline Passenger Traffic for all passenger itineraries that include a United States point.