DOT Inactive Antitrust Immunity Cases

Application Filed:  July 31, 2002

Docket:  DOT-OST-2002-13002

Order Granting Approval:  Order 2002-9-25 (September 30, 2002)
(authority effective until October 1, 2003)

Order Terminating Proceedings:  Order 2007-5-16 (May 24, 2007)

Application Filed:  July 12, 2004

Docket:  DOT-OST-2004-18613 

Order Granting Approval:  Order 2005-1-23 (January 27, 2005)

Order Terminating Proceedings:  Order 2007-5-16 (May 24, 2007)

Application Filed:  November 3, 1995

Docket:  DOT-OST-1995-792

Order Granting Approval:  Order 96-7-21 (July 15, 1996)

Order Terminating Proceedings:  Order 2007-5-16 (May 24, 2007)

Notes:  Carve outs:  New York-Toronto (U.S. POS all local O&D traffic only) Alliance ended on June 1, 2000.

Application Filed: January 10, 1997

Docket: DOT-OST-1997-2058

Order Terminating Proceedings: Order 99-7-22 (July 30, 1999)

Application Filed:  December 23, 1997

Docket:  Docket DOT-OST-1997-3285

Order Granting Approval:  Order 99-9-9 (September 13, 1999)

Order Revoking Antitrust Immunity:  Order 2021-7-16, retroactive to May 1, 2020 (July 28, 2021)

Notes:  LAN Chile was later rebranded to LAN. The alliance was expanded under Docket DOT-OST-2004-19964 to include LAN Peru. 

American and LATAM filed expanded applications and requested to form a joint venture in Dockets DOT-OST-2016-0087 and DOT-OST-2019-0054. The applications were withdrawn, and the dockets closed.

Application Filed:  November 19, 1999 

Docket: DOT-OST-1999-6528

Order Granting Approval: Order 2000-5-13 (May 11, 2000)

Order Terminating Proceedings: Order 2007-5-16 (May 24, 2007)

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.

Application Filed:  March 17, 2000

Docket:  DOT-OST-2000-7088

Order Terminating Proceedings:  Order 2005-6-16 (June 28, 2005)

Notes:  The joint application for granting immunity was never approved.

Application Filed:  August 10, 2001

Docket:  DOT-OST-2001-10387 and 1029 

Show Cause Order:  Order 2002-1-12 (January 25, 2002) (tentatively granted, with conditions, approval of and antitrust immunity for their alliance)

Final Order to Dismiss:  Order 2002-4-4 (April 4, 2002) (closing DOT-OST-2001-11029)

Order Terminating Proceedings:  Order 2007-5-16 (May 24, 2007) (closing
DOT-OST-2001-10387)

Application Filed:  June 28, 2002

Docket:  DOT-OST-2002-12688

Order Granting Approval:  Order 2002-11-12 (November 22, 2002)

Order Terminating Proceedings:  Order 2007-5-16 (May 24, 2007)

Notes: After a brief cessation of service by Swiss, the parties temporarily renewed their alliance before terminating it in 2005. Swiss moved into the Star Alliance organization and then became a subsidiary of Lufthansa.

Application Filed:  November 13, 2003

Docket:  DOT-OST-2003-16530

Order Granting Approval:  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, they wrote a notification letter informing the Department that their alliance is terminating and that they are relinquishing antitrust immunity, effective October 24, 2009.

Application Filed:  December 22, 2004

Docket:  DOT-OST-2004-19964

Order Granting Approval:  Order 2005-10-8 (October 13, 2005)

Order Revoking Antitrust Immunity:   Order 2021-7-16 (retroactive to May 1, 2020, issued on July 28, 2021)

Notes:  American and LATAM filed expanded applications and requested to form a joint venture in Dockets DOT-OST-2016-0087 and DOT-OST-2019-0054. The applications were withdrawn, and the dockets closed.

Application Filed:  July 24, 2007

Docket:  DOT-OST-2007-28845

Order Granting Motion to Dismiss:  Order 2008-6-18 (June 16, 2008) (dismissing the application)

Notes:  The parties had moved to dismiss after DOT issued a notice requiring further information before the record could be declared substantially complete.

Application Filed:  June 7, 2011

Docket:  DOT-OST-2011-0111

Final Order:  2011-11-12 (November 9, 2011) (approving the JBA, antitrust immunity was not requested)

Application Filed:  June 9, 2015

Docket:  DOT-OST-2015-0129

Show Cause Order:  2016-11-16 (November 18, 2016) (tentatively disapproving the application and denying a grant of antitrust immunity)

Order Dismissing Proceeding:  2016-12-15 (December 16, 2016)

Application Filed:  May 16, 2016

Docket:  DOT-OST-2016-0087

Order Dismissing Proceeding:  Order 2019-2-18 (February 22, 2019) (dismissing the proceeding and closing the docket)

Notes:  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.

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.

Application Filed:  April 3, 2019

Docket:  DOT-OST-2019-0054

Order Dismissing Proceeding:  Order 2019-10-12 (October 22, 2019) (dismissing the proceeding and closing the docket)

Notes:  Joint Applicants filed notice to withdraw (DOT-OST-2019-0054-0007) on October 1, 2019.

Application involved American and LATAM Airlines Group S.A. for air transportation between the United States and Brazil, Chile, Colombia, Paraguay, Peru and Uruguay.

Application Filed:  September 8, 1995

Docket:  DOT-OST-1995-618

Order Granting Approval:  Order 96-6-33 (June 14, 1996)

Order to Show Cause:  Order 96-5-26  (May 20, 1996)

Order Terminating Proceedings:  Order 2007-5-16 (May 24, 2007)

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.

Application 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)

Order Granting Motion to Dismiss:  Order 2006-2-1 (February 6, 2006) (granting a motion to dismiss immunity request but approving code-share authority)

Application Filed:  April 15, 2013

Docket:  DOT-OST-2013-0077

Show Cause Order:  Order 2014-3-17 (March 28, 2014) (tentatively denying a grant of antitrust immunity)

Order Granting Motion to Dismiss:  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.

Application Filed:  July 9, 2009

Docket:  DOT-OST-2009-0155

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

Order Granting Approval:  Order 2011-6-9 (June 10, 2011)

Notes:  On February 3, 2022, the carriers submitted a letter relinquishing their antitrust immunity (DOT-OST-2009-0155-0064).

Application Filed:  October 10, 2018

Docket:  DOT-OST-2018-0154

Show Cause Order:  Order 2020-10-13 (October 23, 2020) (tentatively approving the alliance subject to conditions)

Order Dismissing Proceeding:  Order 2020-12-17 (December 21, 2020)

Application Filed:  June 15, 2018

Docket:  DOT-OST-2018-0084

Show Cause Order:  Order 2019-10-5 (October 3, 2019)

Final Order:  Order 2020-3-5 (March 13, 2020) (the Department approved the alliance agreements but did not confer antitrust immunity to the joint venture)

Application Filed:  July 6, 2006

Docket:  DOT-OST-2006-25307 

Show Cause Order:  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.

Application Filed:  April 29, 2016

Docket:  DOT-OST-2016-0071

Application Filed:  May 11, 1999

Docket:  DOT-OST-1999-5674

Order Granting Approval:  Order 99-12-5 (December 3, 1999)

Order Terminating Proceedings:  Order 2007-5-16 (May 24, 2007) Alitalia terminated its relationship with the other parties on October 28, 2001.

Application Filed:   January 13, 2000

Docket:  DOT-OST-2000-6791

Order Granting Approval:  Order 2000-10-12 (October 13, 2000)

Order Terminating Proceedings:  Order 2007-5-16 (May 24, 2007) 

The alliance was never implemented. The parties notified DOT in October 2005 of their intention not to pursue their alliance.