DOT Inactive Antitrust Immunity Cases
Inactive Airline Alliances
A compendium of inactive antitrust immunity cases administered by the Secretary of Transportation pursuant to 49 U.S.C. §§ 41308-41309.
Last updated: 10/30/19
Arranged alphabetically by U.S. airline party, then by date the proceeding was initiated. Dockets can be accessed at http://www.regulations.gov.
Aloha - Hawaiian | |
Inactive | Filed: July 31, 2002 Docket: DOT-OST-2002-13002 Final Order: Sept. 30, 2002, Order 2002-9-25 (authority effective until October 1, 2003) Notes: Closed out by Order 2007-5-16 (May 24, 2007) |
America West – Royal Jordanian
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Filed: July 12, 2004 Docket: DOT-OST-2004-18613 Final Order: Jan. 27, 2005, Order 2005-1-23 Notes: Closed out by Order 2007-5-16 (May 24, 2007) |
American – Canadian International
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Inactive | Filed: November 3, 1995 Docket: DOT-OST-1995-792 Final Order: July 15, 1996, Order 96-7-21 Notes: Carve outs: New York-Toronto (U.S. POS all local O&D traffic only). Alliance ended on June 1, 2000. Closed out by Order 2007-5-16 (May 24, 2007). |
American – British Airways (AA/BA I) | |
Inactive | Filed: January 10, 1997 Docket: DOT-OST-1997-2058 Order: Order 99-7-22 (July 30, 1999) (terminating proceedings) |
American – Swissair - Sabena | |
Inactive | Filed: November 19, 1999 Docket: DOT-OST-1999-6528 Final Order: Order 2000-5-13 (May 11, 2000) Notes: Carve outs: Chicago-Zurich, Chicago-Brussels (U.S. point of sale time-sensitive traffic only). The three-way AA-SR-SN alliance was dissolved. AA-SR Terminated on November 8, 2001; AA-SN Terminated on March 21, 2002; all authorities closed out by Order 2007-5-16 (May 24, 2007). |
American – TACA Group | |
Inactive | Filed: March 17, 2000 Docket: DOT-OST-2000-7088 Final Order: None Notes: The proceeding was terminated by Order 2005-6-16. |
American – British Airways (AA/BA II) | |
Inactive | Filed: August 10, 2001 Docket: DOT-OST-2001-10387 and 11029 Show Cause: Order 2002-1-12 (Jan. 25, 2002) Final Order: Order 2002-4-4 (April 4, 2002) Notes: The Final Order granted the parties’ motion to dismiss the case. Docket DOT-OST-2001-10387 was closed out by Order 2007-5-16 (May 24, 2007). |
American – Swiss International Air Lines | |
Inactive | Filed: June 28, 2002 Docket: DOT-OST-2002-12688 Final Order: Order 2002-11-12 (Nov. 22, 2002) Notes: After a brief cessation of service by Swiss, the parties temporarily renewed their alliance before terminating it in 2005 as Swiss moved into the Star Alliance organization and then became a subsidiary of Lufthansa. The docket was closed out by Order 2007-5-16 (May 24, 2007). |
American – SN Brussels | |
Inactive | Filed: November 13, 2003 Docket: DOT-OST-2003-16530 Final Order: Order 2004-4-10 (April 15, 2004) Notes: The parties renewed their alliance after a brief cessation of service by Sabena, now SN Brussels. Subsequently, antitrust immunity terminated by notice of the parties, effective October 24, 2009. |
American – Iberia – Finnair – Malev – Royal Jordanian | |
Inactive | Filed: July 24, 2007 Docket: DOT-OST-2007-28845 Final Order: None. Notes: Order 2008-6-18 (June 16, 2008) dismissed the case without prejudice, per the parties’ request. The parties had moved to dismiss after DOT issued a notice requiring further information before the record could be declared substantially complete. |
Seeking Approval and a Grant of Antitrust Immunity
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Inactive | Filed: June 9, 2015 Docket: DOT-OST-2015-0129 Show Cause Order: 2016-11-16 (Nov. 18, 2016) (tentatively disapproving the application and denying a grant of antitrust immunity) Final Order: 2016-12-15 (Dec. 16, 2016) (dismissing the application and closing the docket) |
American – LATAM Airlines Group
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Inactive | Filed: May 16, 2016 Docket: DOT-OST-2016-0087 Procedural schedule suspended by notice (DOT-OST-2016-0087-0003) on May 26, 2016, pending the U.S. reaching an Open Skies agreement with Brazil. Once Open Skies was achieved, the Joint Applicants filed notice to withdraw and dismiss the proceeding (DOT-OST-2016-0087-0013) on February 14, 2019 in order to submit an updated application. Docket closed by Order 2019-2-18 (February 22, 2019). The new application was filed in Docket DOT-OST-2019-0054. Application involved American, LATAM Airlines, LATAM Airlines Brazil, LAN Peru, LATAM Airlines Paraguay, LATAM Airlines Colombia. |
American – LATAM Airlines Group
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Inactive | Filed: April 3, 2019 Docket: DOT-OST-2019-0054 Joint applicants filed notice to withdraw (DOT-OST-2019-0054-0007) on October 1, 2019. Docket closed by Order 2019-10-12 (October 22, 2019). Application involves American and LATAM Airlines Group S.A. for air transportation between the United States and Brazil, Chile, Colombia, Paraguay, Peru and Uruguay. |
Delta – Austrian – Sabena - Swissair
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Inactive | Filed: September 8, 1995 Docket: DOT-OST-1995-618 Final Order: Order 96-6-33 (June 14, 1996) Notes: When it was active, the alliance was subject to carve outs for U.S. point-of-sale time sensitive traffic in the Atlantic-Zurich, Atlanta-Brussels, Cincinnati-Zurich, New York-Brussels, New York-Vienna, New York-Geneva, and New York-Zurich markets. The Atlantic Excellence alliance ended on August 6, 2000. The docket was closed out by Order 2007-5-16 (May 24, 2007). |
Delta – Northwest - Air France/KLM – Alitalia – Czech Airlines (SkyTeam I Case)
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Inactive | Filed: September 24, 2004 Docket: DOT-OST-2004-19214 (consolidated with the codeshare docket -19215) on October 24, 2004). Show Cause: Order 2005-12-12 (December 22, 2005) (tentatively denying the application for antitrust immunity). Final Order: Order 2006-2-1 (February 6, 2006) (granting a motion to dismiss immunity request but approving code-share authority). |
IATA
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Inactive
| Filed: July 6, 2006 Docket: DOT-OST-2006-25307 Show Cause: Order 2006-7-3 (July 6, 2006) Final Order: Order 2007-3-23 (March 30, 2007) (revoking immunity for tariff conferences in major markets). Some immunity remains from other proceedings. |
IATA
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Pending
| Filed: April 29, 2016 Docket: DOT-OST-2016-0071 |
Northwest – KLM - Alitalia
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Inactive | Filed: May 11, 1999 Docket: DOT-OST-1999-5674 Final Order: Order 99-12-5 (Dec. 3, 1999) Notes: Alitalia terminated its relationship with the other parties on October 28, 2001. The docket was closed out by Order 2007-5-16 (May 24, 2007). |
Northwest – Malaysia
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Inactive | Filed: January 13, 2000 Docket: DOT-OST-2000-6791 Final Order: Order 2000-10-12 (Oct. 13, 2000). Notes: The alliance was never implemented. The parties notified DOT in October 2005 of their intention not to pursue their alliance. The docket was closed out by Order 2007-5-16 (May 24, 2007). |
Air France/KLM – Air Tahiti Nui – Delta - Alitalia | |
Inactive | Filed: April 15, 2013 Docket: DOT-OST-2013-0077 Show Cause: Order 2014-3-17 (March 28, 2014) (tentatively denying a grant of antitrust immunity) Order: Order 2014-4-31 (April 29, 2014) (granting the applicants’ motion to dismiss without prejudice) Notes: The application was dismissed upon motion of the parties following the show-cause order. |