This new study takes a keen look at the problems facing the international community due to conflicts arising from applications of varying competition laws by different competition authorities to international airline alliances. As a result of privatisation, deregulation, liberalisation and globalisation, international air carriers form alliances with one another in order to cope with growing competition in the international air transport market. This book clearly provides an introduction to the background to and origin of airline alliances, different models of alliances and the related anti-competitive practices resulting from existing international airline alliances. The potential anti-competitive practices resulting from these cross-border alliances trigger a great deal of concern from various competition authorities. Thus, this study goes on to provide a detailed analysis regarding the relevant EC competition law and US antitrust law and their applications to alliance activities. The comparison of different applications of EC competition law and US antitrust law to international airline alliances provides leading research results first-hand. In the conclusion, the essential elements regarding establishing a level playing field in the international air transport market are identified and the author provides possible solutions for the harmonisation of different applications of competition law to international airline alliances.
Introduction
Chapter 1: Relevant Background to International Airline Alliances
1. Historical Background
2. Economic Background
3. Modern Trends
4. Airline Alliances
5. Application of Competition/Antitrust Law to the International Air Transport Sector
Concluding Remarks
Chapter 2: An Overview of European Community Competition Law and its Applications to Transatlantic Airline Alliances
1. Basic Background to EC Competition Law
2. Sustantive EC Competition Law
3. The Applications of EC Competition Law to Economic Activities with Foreign Elements Involved
4. EC Competition Policy
5. EC Competition Policy in the Air Transport Sector
6. The Applications of EC Competition Law to International Airline Alliances. Concluding Remarks
Chapter 3: An Overview of US Antitrust Laws Governing International Air Transport and Their Applications to Transatlantic Airline Alliances
1. An Overview of Substantive US Antitrust Laws
2. Applications of US Antitrust Laws to Economic Activities with Foreign Elements Involved
3. US International Antitrust Policy
4. US Antitrust Laws and International Air Transportation
5. US Policy in International Air Transportation
6. DOT Decisions on Transatlantic Alliance Agreements
Concluding Remarks
Chapter 4: Comparison of Applications of EC Competition Law and US Antitrust Law to International Air Transport
1. Introduction
2. Similarities and Differences in General
3. Different Procedures for Granting Approval of Antitrust Immunity or Exemption
4. Differences in Laws
5. Differences in Interpretations and Applications of Laws
6. Comparison of the EC and US Authorities' Reviews of Transatlantic Airline Alliances
7. Differences in Merger Control and Alliances (Joint Venture)
8. Differences in Policies
Concluding Remarks
Chapter 5: The Current International Competition Regulations regarding International Air Transport
1. Introduction
2. Multilateral Approach
3. Special Proposal for Applying Competition/Antitrust Law to International Air Transport
4. Regionalism
5. Doctrine of Comity and Co-operation between Governments
6. Synthesis
7. Convergence of Competition Policies
Chapter 6: Conclusion and Recommendations
1. Introduction
2. Brief Review of the Essential Elements for Fair and Free Competition in the International Air Transport Market
3. Recommendations
4. Supplements to Present Solutions
5. Assistance from International Organisations
Concluding Remark
Bibliography
Subject Index
Postulates
Samenvatting
Curriculum vitae