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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

 

Inactive

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

 

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.


American – Qantas

Seeking Approval and a Grant of Antitrust Immunity

 

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

 

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

 

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

 

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)

 

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

 

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

 

Pending

 

Filed: April 29, 2016

Docket: DOT-OST-2016-0071

Northwest – KLM - Alitalia

 

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

 

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.

Last updated: Tuesday, November 12, 2019