Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

The latest general information on the Coronavirus Disease 2019 (COVID-19) is available on Coronavirus.gov. For USDOT specific COVID-19 resources, please visit our page.

DOT Aviation Anti-Trust Immunity Cases

List of Active Antitrust Immunized Alliances (updated 8/27/2021)

(listing of inactive cases)

 

 

Case

(click on link for case details)

 

Primary Docket

 

Related Dockets

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

Docket 46731

Expanded in DOT-OST-2007-28644

Delta - Air France - Alitalia - Czech Airlines

DOT-OST-2001-10429

Expanded in DOT-OST-2007-28644

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

DOT-OST-2002-11842

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

 

5

Delta - Virgin Australia

DOT-OST-2009-0155

 

6

Delta - Aeromexico

DOT-OST-2015-0070

 

7

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

 

8

United - Air New Zealand

DOT-OST-1999-6680

 

9

United - Copa

DOT-OST-2000-8577

 

10

United - Asiana

DOT-OST-2003-14202

 

11

United - All Nippon Airways

DOT-OST-2009-0350

Expanded in DOT-OST-2010-0059

14

SAS - Iceland Air

DOT-OST-2000-7248

 

 

Case Details:

Case Name (File Date)

American – Finnair

(April 4, 2002)

Case Docket

DOT-OST-2002-12063

Show Cause Order (Issue Date)

 

Final Order (Issue Date)

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

Details

 

Reporting

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 December.

Currently Active Docket

Case expanded in DOT-OST-2008-0252.

Case Name (File Date)

American – British Airways - Iberia – Finnair – Royal Jordanian

(August 15, 2008)

Case Docket

DOT-OST-2008-0252

Show Cause Order (Issue Date)

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

Final Order (Issue Date)

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

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

Details

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.

Reporting

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 December.

Case Name (File Date)

American – Japan Airlines

(February 12, 2010)

Case Docket

DOT-OST-2010-0059

Show Cause Order (Issue Date)

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

Final Order (Issue Date)

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

Details

 

Reporting

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 December.

Other

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

Case Name (File Date)

American – Qantas

(February 26, 2018)

Case Docket

DOT-OST-2018-0030

Show Cause Order (Issue Date)

Order 2019-5-23

(June 3, 2019)

Final Order

(Issue Date)

Order 2019-7-7

(July 19, 2019)

Details

 

Reporting

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.

Other

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

Case Name (File Date)

Northwest – KLM

(September 9, 1992)

Case Docket

DOT-OST-1995-579

Show Cause Order (Issue Date)

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

Final Order (Issue Date)

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

Details

 

Reporting

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 December (see Docket DOT-OST-2007-28644).

Currently Active Docket

DOT-OST-2007-28644

Case Name (File Date)

Delta – Air France - KLM – Alitalia – Czech Airlines

(August 15, 2001)

Case Docket

DOT-OST-2001-10429

Show Cause Order (Issue Date)

 

Final Order (Issue Date)

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

Details

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).

Reporting

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 December.

Other

The carve outs were removed by Order 2008-5-32 (May 22, 2008) in Docket DOT-OST-2007-28644.  This alliance was expanded in Dockets DOT-OST-2002-11842 and DOT-OST-2007-28644.

Currently Active Docket

DOT-OST-2007-28644

Case Name (File Date)

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

(March 13, 2002)

Case Docket

DOT-OST-2002-11842

Show Cause Order (Issue Date)

 

Final Order (Issue Date)

Order 2002-6-18 (June 27, 2002)

Details

 

Reporting

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 December (see Docket DOT-OST-2007-28644).

Other

Joint Venture 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.

Currently Active Docket

DOT-OST-2007-28644

Case Name (File Date)

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

(June 28, 2007)

Case Docket

DOT-OST-2007-28644

Show Cause Order (Issue Date)

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

Final Order (Issue Date)

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

Details

Removed carve outs from Order 2002-1-6.

Reporting

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 December.

Currently Active Docket

DOT-OST-2013-0068

Case Name (File Date)

Delta – Virgin Atlantic – Air France - KLM – Alitalia

(April 8, 2013)

Case Docket

DOT-OST-2013-0068

Show Cause Order (Issue Date)

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

Final Order (Issue Date)

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

Details

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.

Reporting

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 December.

Case Name (File Date)

Delta – Virgin Australia

(July 9, 2009)

Case Docket

DOT-OST-2009-0155

Show Cause Order (Issue Date)

Order 2010-9-4 (September 8, 2010):  tentatively denying antitrust immunity

Order 2011-5-8 (May 10, 2011):  tentatively granting antitrust immunity based upon substantial changes to the application

Final Order (Issue Date)

Order 2011-6-9 (June 10, 2011)

Details

Required adherence to stated capacity levels for a period of two years from the issuance of the final order.

Reporting

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 December.

 

Case Name (File Date)

Delta – Aeromexico

(March 31, 2015)

Case Docket

DOT-OST-2015-0070

Show Cause Order (Issue Date)

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

Final Order (Issue Date)

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

Details

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

See Notice DOT-OST-2017-0071 (May 5, 2017).
 

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

Reporting

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 December.

Other

Reapplication required no later than March 31, 2022.

Case Name (File Date)

United – Lufthansa

(February 29, 1996)

Case Docket

DOT-OST-1996-1116

Show Cause Order (Issue Date)

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

Final Order (Issue Date)

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

Details

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

Reporting

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 December. 

Other

Case expanded in DOT-OST-1996-1411.

Currently Active Docket

DOT-OST-2008-0234

Case Name

United – Lufthansa – SAS

(May 28, 1996)

Case Docket

DOT-OST-1996-1411

Show Cause Order (Issue Date)

 

Final Order (Issue Date)

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

Details

 

Reporting

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 December. 

Other

Case expanded in DOT-OST-1996-1434.

Currently Active Docket

DOT-OST-2008-0234

Case Name (File Date)

United – Air Canada

(June 4, 1996)

Case Docket

DOT-OST-1996-1434

Show Cause Order (Issue Date)

 

Final Order (Issue Date)

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

Details

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

Reporting

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 December. 

Other

Case expanded in DOT-OST-2000-7828.

Currently Active Docket

DOT-OST-2008-0234

Case Name (File Date)

United – Austrian – Lufthansa – SAS

(August 18, 2000)

Case Docket

DOT-OST-2000-7828

Show Cause Order (Issue Date)

 

Final Order (Issue Date)

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

Details

 

Reporting

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 December. 

Other

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

Currently Active Docket

DOT-OST-2008-0234

Case Name (File Date)

United – BMI – Austrian – Lufthansa – SAS

(September 5, 2001)

Case Docket

DOT-OST-2001-10575

Show Cause Order (Issue Date)

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).

Final Order (Issue Date)

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

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

Details

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.      

Reporting

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 December.

Other

Case expanded in DOT-OST-2005-22922.

Currently Active Docket

DOT-OST-2008-0234

Case Name (File Date)

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

(November 4, 2005)

Case Docket

DOT-OST-2005-22922

Show Cause Order (Issue Date)

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

Final Order (Issue Date)

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

Details

 

Reporting

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 December.

Other

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.

Currently Active Docket

DOT-OST-2008-0234

Case Name (File Date)

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

(July 23, 2008)

Case Docket

DOT-OST-2008-0234

Show Cause Order (Issue Date)

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

Final Order (Issue Date)

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

Details

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)

Reporting

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 December.

Other

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.

Case Name (File Date)

United – Air New Zealand

(December 17, 1999)

Case Docket

DOT-OST-1999-6680

Show Cause Order (Issue Date)

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

Final Order (Issue Date)

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

Details

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

  • Los Angeles-Auckland
  • Los Angeles-Sydney

Reporting

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

Case Name (File Date)

United – COPA

(December 22, 2000)

Case Docket

DOT-OST-2000-8577

Show Cause Order (Issue Date)

 

Final Order (Issue Date)

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

Details

 

Reporting

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

Other

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.

Case Name (File Date)

United – Asiana

(January 3, 2003)

Case Docket

DOT-OST-2003-14202

Show Cause Order (Issue Date)

 

Final Order (Issue Date)

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

Details

 

Reporting

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

Case Name (File Date)

United – All Nippon Airways

(December 23, 2009)

Case Docket

DOT-OST-2010-0059

Show Cause Order (Issue Date)

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

Final Order (Issue Date)

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

Details

 

Reporting

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 December.

Other

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.

Case Name (File Date)

SAS – Iceland Air

(April 13, 2000)

Case Docket

DOT-OST-2000-7248

Show Cause Order (Issue Date)

 

Final Order (Issue Date)

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

Details

 

Reporting

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


 

Last updated: Tuesday, August 31, 2021