OST-98-4030
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OST-98-4030
United Air Lines, Inc. Against the European Commission and National Implementing Authorities
OST-98-4030 | July 8, 1998
Complaint of United Air Lines, Inc.
This complaint asks the U.S. government to impose sanctions against the European Commission (the "Commission") (and implementing parties) to redress Commission efforts to block the exercise of U.S. aviation rights under "Open Skies"agreements which the U.S. has signed with individual European countries. The Commission has long made clear its frustration with the unwillingness of its own memberstates to cede to the Commission the authority to negotiate aviation rights collectively with the U.S. on behalf of its member countries.
At issue is the Commission's most recent effort aimed at the same political objective - forcing the European member countries to cede negotiating authority to the Commission. This tactic is directed not at its member countries, but rather at non-governrnental entities, airlines and transatlantic airline alliances already approved by U.S. authorities as pro-competitive.
In this complaint, United Airlines asks the Department of Transportation (the "Department") to take all appropriate action- including consulting with the United States Trade Representative on appropriate sanctions and remedies - to redress Commission actions that violate clear U.S. bilateral aviation rights with Open Skies countries. Such decisive action is essential to ensure the continued viability of the successful U.S. policy of Open Skies, and to protect both air carriers and fundamental U.S. Open Skies policy in Europe from being held hostage to an internal European debate over negotiating authority and jurisdiction.
Counsel: Michael Whitaker, United, 847.700.3955
United Air Lines, Inc. against The European Commission and National Implementing Authorities
Order 98-7-16 | OST-98-4030 | Issued July 23, 1998 | Served July 27, 1998
We invite interested persons to the answers to the complaint of United Air Lines, Inc., in Docket OST-98-4030, no later than 21 days from the date of service of this order and if answers are filed, replies to those answers should be filed no later than seven calendar days from the date for ruling answers.
By: Charles Hunnicutt
United Air Lines, Inc. against The European Commission and National Implementing Authorities
OST-98-4030 | August 17, 1998
Answer of American Airlines, Inc.
American takes no position at present on the ultimate question of whether the conditions proposed by the European Commission violate the provisions of open skies accords between the U.S. and EU Member States. However, the Department should apply whatever rules it adopts in this proceeding in a consistent way to all bilateral agreements, present and future, and to all alliances, including the pending arrangement between American and British Airways. Any contrary decision would deprive participants in other alliances of a fair and equal opportunity to compete, and would unfairly damage competition and the customers, employees, and shareholders of the disadvantaged carriers.
Counsel: Greg Sivinski and Carl Nelson, Jr., 202.496.5647
Joint Answer of The City of Chicago and Metropolitan Washington Airports Authority in Support
In short, DOT should protect the Alliance and should insist on the full enforcement of all Open Skies agreements. DOT should defend against the Commission's assault on the Administration's successful five-year campaign to open global air service. Until the Commission obtains authority to negotiate bilateral agreements on behalf of the Member States, it should not be allowed to vitiate the Open Skies agreements by unraveling the Alliance, which provides considerable benefit to travelers in Chicago, Washington, D.C. and numerous other cities around the world.
Counsel: Chicago and MWAA, Winthrop Stimson, Kenneth Quinn, 202-775-9800
Delta has serious concerns about the approach taken by the EC in connection with its review of U.S.-European alliances and about many of the specific conditions the EC has indicated it intends to impose on antitrust immunized alliances. Delta strongly supports the Department's efforts to convince the EC that its proposed conditions are anticompetitive and anticonsumer. United's petition provides the Department with an important opportunity to consider and take appropriate remedial action before misguided conditions on pro-competitive alliances erode the consumer benefits of enhanced network competition and vitiate the United States' hard-won international aviation policy objectives of achieving liberal open skies agreements across Europe.
Counsel: Delta and Shaw Pittman, Robert Cohn, 202-663-8060
The Lufthansa/SAS/United Alliance came about because of good faith negotiations between the U.S. and German and Scandinavian governments as to which the EC was fully informed. The Commission chose not to react at the time, and its decision to do so now is untimely, inconsistent with overwhelming consumer approval of the Alliance, and based entirely on political motives. The Alliance was carefully scrutinized, and competitively "fine-tuned" without threatening consumer benefits, by experienced officials of the U.S. Departments of Justice and Transportation. It is simply unacceptable for the Commission, in pursuit of political goals, to ignore entirely the conclusions of the U.S. government and its aviation partners and to push forward unilaterally with a destructive campaign against efficient air transport services in fully deregulated North Atlantic markets. Consultation is urgently required to persuade the EC to change course.
Counsel: Wilmer Cutler, James Campbell, 202-663-6000
United has aptly described the circumstances leading to the filing of the complaint. For some years, the European Commission tried to slow the movement toward open skies agreements between the United States and individual European countries, arguing that the EC should be given competence to negotiate "hard" aviation rights on behalf of EU member states. However, the EU members have yet to give the EC competency. In fact, many members have negotiated open skies agreements on their own. Unable to accomplish its political objectives directly, the EC apparently has decided to employ indirect methods. Now, ostensibly to protect competition but really to undermine the efficacy of the open skies concept, the EC has announced a series of restrictions that it intends to impose on the U.S.-European airline alliances made possible by the open skies agreements negotiated by individual EU members.
Counsel: Northwest, Megan Rae Poldy, 202-842-3193
Answer of The City and County San Francisco in Support
SFO opposes any effort by Respondents to force the Alliance to abandon and make available slots and airport facilities. This requirement would violate the explicit terms of the' Open Skies agreements between the U.S. and Germany, Denmark, Sweden and Norway. In recent years, the Commission has attempted, albeit unsuccessfully, to convince the Council of Ministers to expand the Commission's authority to negotiate a global open skies agreement with the United States on behalf of the EU countries.
Counsel: San Francisco and Winthrop Stimson, Kenneth Quinn, 202-775-9800
Response of Scandinavian Airlines System
SAS concurs in much of the answer filed today by our alliance partner, Deutsche Lufthansa AG, to the Complaint, particularly Section I of the Answer. Along with Lufthansa, SAS shares United's concerns with the Commission's proposed remedial measures announced July 8, 1998 for the United/Lufthansa/SAS Alliance. We view the proposed remedies as a threat to our Alliance, and the benefits the Alliance holds out for consumers on the transatlantic routes.
Counsel: SAS and Bagileo Silverberg, Michael Goldman, 202-944-3305
United Air Lines against The European Commission and National Implementing Authorities
OST-98-4030 | August 17, 1998
Comments of The Economic Strategy Institute
Were the DOT to fail to act, the EC will likely impose similar conditions on other airline alliances and set back the marketplace reforms that have occurred under open sky regimes. Such EC actions must also be viewed in a broader context in which the EC is becoming more aggressive with regard to mergers between US corporations and the competitive behavior of US firms, not just in Europe but on a global basis. EC actions can easily be construed as protectionist. Allowing the EC to move forward unchallenged will, thus, have severe future consequences not only for U.S. airlines, but for other American firms as well.
Docket Section did not release to the Public on 8/17
By: Scott Gibson, 202-289-1288
United Air Lines, Inc. v. The European Commission
OST-98-4030 | August 19, 1998
Comments of the Los Angeles World Airports in Support
By: John Driscoll
United Air Lines, Inc. against The European Commssion and National Implementing Authorities
OST-98-4030 | August 24, 1998
American and British Airways will file comments with the European Commission urging that the AA/BA and UA/LH alliances be treated equally with respect to any and all proposed conditions. In this proceeding, American takes no position at present on the ultimate question of whether the conditions proposed by the EC would violate open skies agreements between the U.S. and EU Member States. However, the Department should apply whatever rules it adopts in this proceeding in a consistent way to all bilateral agreements, present and future, and to all alliances. Any contrary decision would deprive participants in other alliances of a fair and equal opportunity to compete, and would unfairly damage competition.
Counsel: American, Carl Nelson, 202-496-5647, carl_nelson@amrcorp.com
United appreciates the strong support for decisive action expressed by virtually all U.S. interests commenting in the docket, coupled with the stated determination of the Administration and key Members of Congress to see that U.S. Open Skies rights are not undermined by the actions of the E.C. to constrain operations of the approved and operating international alliances. Armed with this overwhelming support, the Department should now take swift and decisive action to find illegal and unjustifiable, and impose sanctions against, these E.C. actions.
Counsel: United, Michael Whitaker, 847-700-3955, mwhitaker@ual.com
United Air Lines, Inc. against The European Commission and National Implementing Authorities
Order 98-9-2 | OST-98-4030 | Issued September 3, 1998 | Served September 9, 1998
We extend through October 6, 1998, the period for taking action on the complaint of United Air Lines, Inc.
By: Charles Hunnicutt
United Air Lines, Inc. against The European Commission and National Implementing Authorities
OST-98-4030 | September 9, 1998
Motion for Leave to File and Otherwise Unauthorized Document and Rejoinder of Northwest Airlines
American's arguments are testament to the wisdom of restricting the evaluation of United's complaint to the pertinent facts. As United documented in its complaint and as Northwest amplified in its answer, the EC's proposed conditions would violate the currently effective U.S. aviation agreements. The Department should take a strong stand against such violations, in part to discourage comparable EC undertakings with respect to other alliances.
Counsel: Northwest, Megan Rae Poldy, 202-842-3193
United Air Lines, Inc. v. European Commision and National Implementing Authorities
| Order 98-10-7 OST-98-4030 |
Issued October 6, 1998 October 9, 1998 |
Order | Extension through October 6, 1998 |
By Order 98-9-2, the Department extended through October 6, 1998, the period for taking action on United's complaint in Docket OST-98-4030. In so doing, we cited an upcoming meeting with the European Commission at which the issues raised in United's complaint will be discussed. That meeting is expected to take place shortly. Given these circumstances, we believe that the public interest is best served by extending for 30 days the deadline for action on United's complaint to provide additional time to resolve this matter.
By: Charles Hunnicutt
United Air Lines, Inc. against The European Commmission
| Order 98-11-5 OST-98-4030 |
Issued and Served November 5, 1998 | Order | Extension through December 5, 1998 for Taking Action |
By: Charles Hunnicutt
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| Order 98-12-4 OST-98-4030 |
Issued December 4, 1998 Served December 8, 1998 |
Order | Complaint |
We extend through January 4, 1999, the period for taking action on the complaint of United Air Lines
By: Charles Hunnicutt
United Air Lines v. The European Commision
| OST-98-4030 | December 18, 1998 | Limited Waiver by UAL of Statutory Deadline | United v EEC |
As stated in the United Complaint, the proposed EC "conditions" on U.S.-approved alliances threaten to undermine U.S. carrier operations secured by bilateral agreements. United accordingly urges and desires a prompt resolution of this matter through the withdrawal of the European Commission's proposed conditions. Nonetheless, United recognizes that the aforementioned initiatives can take more time than has been afforded within the statutory framework. United is, therefore, willing to allow these initiatives a further opportunity to bear fruit. To that end, United hereby agrees to a limited waiver of the 180-day statutory deadline in 49 U.S.C. §41'310(d) for an additional 60-day period, through March 5, 1999. United submits that the public interest would be served by deferring action on its Complaint to provide a further opportunity to resolve this matter
Counsel: Kirkland Ellis, Jeffrey Manley, 202.879.5161
United Air Lines, Inc. v. The European Commission and National Implementing Authorities
| Order 98-12-35 OST-98-4030 |
Issued December 31, 1998 Served January 5, 1999 |
Order | United Air Lines Complaint Against EC |
By: Charles Hunnicutt
United Air Lines v. The European Commission and Nat'l Implementing Authorities
| OST-98-4030 | February 26, 1999 | Limited Waiver by UAL of Saturatory Deadline | United's Complaint |
United recognizes that the inter-governmental initiatives can take more time than has been afforded within the statutory framework. Indeed, the informal meetings between U.S. and EU officials scheduled to take place earlier this week had to be postponed for reasons unrelated to the subject-matter of United's complaint. United is, therefore, willing to allow such initiatives a further opportunity to bear fruit. To that end, United hereby agrees to a limited waiver of the 180-day statutory deadline in 49 U.S.C. 741310(d) for an additional 90-day period, through June 3, 1999. United submits that the public interest would be served by deferring action on its Complaint to provide a further opportunity to resolve this matter.
Counsel: Kirkland & Ellis, Jeffrey Manley, 202.879.5161
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| Order 99-3-5 OST-98-4030 |
Issued March 5, 1999 Served March 10, 1999 |
Order Granting Waiver | Complaint of United against The European Commission |
By: Charles Hunnicutt
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| OST-98-4030 | May 26, 1999 | United Air Lines - Limited Waiver of Statutory Deadline | Complaint |
Counsel: United and Kirkland Ellis, Jeffrey Manley, 202-879-5161
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| Order 99-6-5 OST-98-4030 |
Issued June 3, 1999 Served June 4, 1999 |
Order Granting Waiver | Complaint of United against The European Commission |
By: Bradley Mims
United Air Lines, Inc. against The European Commission
| OST-98-4030 | July 16, 1999 | Limited Waiver of Statutory Deadline | Complaint Against The European Commission and National Implementing Authorities |
Counsel: Kirkland Ellis, Jeffrey Manley, 202.879.5161, jeffrey_manley@kirkland.com
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| Order 99-2-20 OST-98-4030 |
Issued July 29, 1999 Served August 2, 1999 |
Order Granting Waiver | Complaint of United Air Lines against the European Commission |
On July 16, 1999, United agreed to an additional limited waiver of the statutory deadline through October 27, 1999. United notes that the European Commission continues to conduct a broad review of the issues that led to United's complaint and has reopened its competition analysis with respect to relevant markets. In this regard, United states that it has recently been requested to provide the Commission with additional data. To provide additional time for the Commission to continue its review of the issues, and to afford a further opportunity for negotiations to resolve the matter, United states that it agrees to waive the statutory deadline through October 27, 1999. After careful consideration of United's request and other relevant factors, we believe that the public interest will be best served by granting United's waiver and deferring the deadline for action on the complaint through October 27, 1999.
By: Bradley Mims
United Air Lines, Inc. Against the European Commission and National Implementing Authorities
| OST-98-4030 | October 20, 1999 | Limited Waiver of Statutory Deadline | Complaint of United Air Lines against the European Commission |
| Service List |
Although the issues giving rise to United’s complaint have not been resolved, the events
recited in United’s Limited Waiver dated December 18, 1998 indicated the need to afford the Department additional time before it takes final action. United remains hopeful for a favorable outcome based on the factors previously recited. As stated in the United Complaint, the proposed EC "conditions" on U.S.-approved alliances threaten to undermine U.S. carrier operations secured by bilateral agreements. United accordingly urges and desires a prompt resolution of this matter through the withdrawal of the European Commission’s proposed conditions. Nonetheless, United recognizes that the inter-governmental initiatives can take more time than has been afforded within the statutory framework. Indeed, the informal meetings between U.S. and EU officials scheduled to take place earlier this week had to be postponed for reasons unrelated to the subject-matter of United’s complaint. United is, therefore, willing to allow such initiatives a further opportunity to bear fruit. To that end, United hereby agrees to a limited waiver of the 180-day statutory deadline in 49 U.S.C. §41310(d) for an additional 90-day period, through June 3, 1999. United submits that the public interest would be served by deferring action on its Complaint to provide a further opportunity to resolve this matter.Counsel: Kirkland Ellis, Jeffery Manley, 202.879.5161, jeffery_manley@kirkland.com
United Air Lines, Inc. Against The European Commision and National Implemeting Authorties
| Order 99-10-22 OST- 98-4030 |
Issued October 27, 1999 Served November 1, 1999 |
Order Granting Waiver | Complaint Against European Commission |
On July 8, 1998, United Air Lines, Inc., filed a complaint under 49 U.S.C. § 413 10 against the European Commission and certain European national implementing authorities (the Governments of Germany, Denmark, Norway, and Sweden. United argues that sanctions against the Respondents are necessary to redress actions proposed by the Commission against United's alliances with Deutsche Lufthansa AG and Scandinavian Airline System which will preclude United and its alliance partners from exercising rights specifically provided for under the open-skies aviation agreements between the United States and the individual European countries involved. United argues that such action is essential to ensure the continued viability of the U.S. Government's open-skies policy in Europe.
On October 20, 1999, United offered an additional limited waiver of the statutory deadline through January 25, 2000. United notes that it is encouraged by signs that the new European Commission plans to take a fresh look at the issues that led to United's complaint. In this regard, United states that high-level contacts between the U.S. and the Commission are expected over the next few months. To provide additional time for the Commission to continue its review of the issues, and to afford a further opportunity for negotiations to resolve the matter, United states that it agrees to waive the statutory deadline through January 25, 2000. After careful consideration of United's request and other relevant factors, we believe that the public interest will be best served by granting United's waiver and deferring the deadline for action on the complaint through January 25, 2000.
By: Bradley Mims
United Air Lines, Inc. Against The European Commission and National Implementing Authorities
| OST-98-4030 | January 12, 2000 | United Air Lines Limited Waiver of Statutory Deadline | Complaint Against European Commission |
| Service List |
In 1998, the European Commission proposed conditions on United's alliance with Lufthansa and SAS that would deny United rights guaranteed under various bilateral aviation agreements, giving rise to United's complaint pending in this docket. Since that time, a new Commission is in place and is undertaking a review of the issues prompting United's complaint. High level discussions between U. S. Government officials and the relevant Commission Directorates are scheduled to take place within the next two months. In order to underscore the U.S. Government's resolve to reach a satisfactory resolution of this matter that preserves U.S. carrier rights under existing bilateral aviation agreements while continuing to facilitate a negotiated settlement, United believes that a further limited waiver of the statutory deadline to act on United's complaint is in order. Accordingly, United respectfully requests that the Department extend the deadline for acting on United's complaint in this matter to April 24, 2000.
Counsel: Kirkland Ellis, Jeffery Manley, 202.879.5161, jeffery_manley@kirkland.com
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| Order 00-1-22 OST-98-4030 |
Issued January 24, 2000 Served January 31, 2000 |
Order Granting Waiver | Complaint Against European Commission |
By: Bradley Mims
United Air Lines, Inc. Against The European Commission and National Implementing Authorities
| OST-98-4030 | April 7, 2000 | United Air Lines Limited Waiver of Statutory Deadline | Complaint Against European Commission |
| Service List |
Counsel: Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| Order 00-4-24 OST-98-4030 |
Issued April 24, 2000 Served April 27, 2000 |
Order Granting Waiver | Complaint Against European Commission |
By: Bradley Mims
United Air Lines, Inc. Against The European Commission and National Implementing Authorities
| OST-98-4030 | July 12, 2000 | United Air Lines Limited Waiver of Statutory Deadline | Complaint Against European Commission |
| Service List |
In 1998, the European Commission proposed conditions on United's alliance with Lufthansa and SAS that would deny United rights guaranteed under various bilateral aviation agreements, giving rise to United's complaint pending in this docket. Since that time, a new Commission is in place and is undertaking a review of the issues that prompted United's complaint. United understands that the Commission may soon provide a preliminary indication of its likely position on the question of conditions to be applied to the United/Lufthansa/SAS alliance. If the Commission ultimately adopts a position that is satisfactory to United, it could ultimately render this proceeding moot. Therefore, United hereby offers a 45-day limited waiver of the statutory deadline attached to its complaint in order to afford the Commission an opportunity to issue its preliminary findings and discuss them with the parties. Although it is important to underscore the U.S. government's resolve to reach a satisfactory resolution of this matter that preserves U.S. carrier rights under existing bilateral aviation agreements, United continues to hope that the Commission may be willing to adopt a position that will accomplish that end. Accordingly, United respectfully requests that the Department extend the deadline for acting on United's complaint in this matter to September 6, 2000.
Counsel: Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| Order 00-7-22 OST-98-4030 |
Issued July 19, 2000 Served July 21, 2000 |
Order Granting Waiver | Complaint Against European Commission |
By: Bradley Mims
United Air Lines, Inc. Against The European Commission and National Implementing Authorities
| OST-98-4030 | August 21, 2000 | United Air Lines Limited Waiver of Statutory Deadline | Complaint Against European Commission |
| Service List |
In 1998, the European Commission proposed conditions on United's alliance with Lufthansa and SAS that would deny United rights guaranteed under various bilateral aviation agreements, giving rise to United's complaint pending in this docket. Since that time, a new Commission is in place and is undertaking a review of the issues that prompted United's complaint. United understands that, in the Fall, the Commission may provide a preliminary indication of its likely position on the question of conditions to be applied to the United/Lufthansa/SAS alliance. If the Commission ultimately adopts a position that is satisfactory to United, it could render this proceeding moot. However, United understands that it may not be informed of the Commission's position until some time after the September 6, 2000 expiration of the currently-applicable waiver of the statutory deadline. Therefore, United hereby offers a 90-day limited waiver of the statutory deadline attached to its complaint in order to afford the Commission an opportunity to issue its preliminary findings and discuss them with the parties. Although it is important to underscore the U.S. government's resolve to reach a satisfactory resolution of this matter that preserves U.S. carrier rights under existing bilateral aviation agreements, United continues to hope that the Commission may be willing to adopt a position that will accomplish that end. Accordingly, United respectfully requests that the Department extend the deadline for acting on United's complaint in this matter to December 5, 2000.
Counsel: Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| Order 00-9-1 OST-98-4030 |
Issued September 6, 2000 Served September 11, 2000 |
Order Granting Waiver | Complaint Against European Commission |
By: Francisco Sanchez
United Air Lines, Inc. Against The European Commission and National Implementing Authorities
| OST-98-4030 | November 21, 2000 | United Air Lines Limited Waiver of Statutory Deadline | Complaint Against European Commission |
| Service List |
Counsel: Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| Order 00-12-4 OST-98-4030 |
Issued December 4, 2000 Served December 7, 2000 |
Order Granting Waiver | Complaint Against European Commission |
By: Francisco Sanchez
United Air Lines, Inc. Against The European Commission and National Implementing Authorities
| OST-98-4030 | February 9, 2001 | United Air Lines Limited Waiver of Statutory Deadline | Complaint Against European Commission |
| Service List |
Although it is important to underscore the U.S. government's resolve to reach a satisfactory resolution of this matter that preserves U.S. carrier rights under existing bilateral aviation agreements, United continues to hope that the Commission may be willing to adopt a position that will accomplish that end. Accordingly, United respectfully requests that the Department extend the deadline for acting on United's complaint in this matter to June 4, 2001.
Counsel: Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| Order 01-3-3 OST-98-4030 |
Issued March 5, 2001 Served March 8, 2001 |
Order Granting Waiver | Complaint Against European Commission |
On February 9, 2001, United offered an additional limited waiver of the statutory deadline through June 4, 2001. United notes that since the filing of its complaint a new Commission is in place and is undertaking a review of the issues that prompted United's complaint. United states that in mid-January 2001, United/Lufthansa/SAS met with the Commission in an effort to bridge differences on a number of specific issues. United further states that, at the request of the Commission, the carriers are preparing a written proposal for the Commission's review and that the parties have arranged for subsequent meetings.
United indicates that it is hopeful that the parties will be able to reach an amicable settlement of their differences, thereby rendering this proceeding moot. However, United notes that it is unlikely to reach a settlement with the Commission before expiration of the current March 6, 2001, extension of the statutory deadline. In order to afford the Commission and the parties an opportunity to resolve this matter, United states that it is prepared to waive the statutory deadline in this matter through June 4, 2001
By: Susan McDermott
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| OST-98-4030 | May 16, 2001 | United Air Lines Limited Waiver of Statutory Deadline | Complaint of United against European Commission |
| Service List |
Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| Order 01-5-35 OST-98-4030 |
Issued May 31, 2001 Served June 5, 2001 |
Order Granting Waiver | Complaint Against European |
By: Susan McDermott
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| OST-98-4030 | August 13, 2001 | United Air Lines Limited Waiver of Statutory Deadline | Complaint of United against European Commission |
| Service List |
United/Lufthansa/SAS have provided the Commission with a proposal in an effort to bridge differences on a number of issues, including the question of specific remedies to address the Commission's competition concerns. The Commission circulated United/Lufthansa/SAS's proposal to the carriers' competitors for their review and comment. United understands that the Commission is currently evaluating the comments received. United also understands that the Commission is negotiating with certain EU Member States certain changes to their national laws that the Commission believes will enhance the effectiveness of the private remedies offered by the parties. United, however, does not expect that process to be completed before the September 4, 2001 expiration of the currently-applicable waiver of the statutory deadline. Therefore, United hereby offers a further 90-day limited waiver of the statutory deadline attached to its complaint in order to afford the Commission and the carriers more time in which to reach a settlement agreement.
Although it is important to underscore the U.S. government's resolve to reach a satisfactory resolution of this matter that preserves U.S. carrier rights under existing bilateral aviation agreements, United continues to hope that the Commission may be willing to adopt a position that will accomplish that end. Accordingly, United respectfully requests that the Department extend the deadline for acting on United's complaint in this matter to December 3, 2001.
Counsel: United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| Order 01-8-24 OST-98-4030 |
Issued August 27, 2001 Served August 30, 2001 |
Order Granting Waiver | Complaint Against European |
On August 13, 2001, United offered an additional limited waiver of the statutory deadline through December 3, 2001. United notes that since the filing of its complaint a new Commission is in place and is undertaking a review of the issues that prompted United's complaint. United states that United/Lufthansa/SAS recently provided a proposal to the Commission in an effort to bridge differences on a number of issues, including the question of specific remedies to address the Commission's competition concerns. United further states that the Commission is in the process of reviewing comments on the proposal from other parties, and that the Commission is negotiating with certain European Union (EU) Member States certain changes to their national laws that the Commission believes will enhance the effectiveness of the private remedies offered by the parties.
However, United states that it does not expect this process to be completed before expiration of the current September 4, 2001, extension of the statutory deadline. In order to afford the Commission and the parties an opportunity to resolve this matter, United states that it is prepared to waive the statutory deadline in this matter through December 3, 2001.
After careful consideration of United's request and other relevant factors, we believe that the public interest will be best served by granting United's waiver and deferring the deadline for action on the complaint through December 3, 2001.
By: Susan McDermott
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| OST-98-4030 | November 14, 2001 | United Airlines Limited Waiver of Statutory Deadline | Complaint Against European |
In
1998, the European Commission proposed conditions on United's alliance with
Lufthansa and SAS that would deny United rights guaranteed under various
bilateral aviation agreements, giving rise to United's complaint pending in this
docket. Since that time, a new Commission has taken office and is undertaking a
review of the issues that prompted United's complaint.
United/Lufthansa/SAS
have provided the Commission with a proposal in an effort to bridge differences
on a number of issues, including the question of specific remedies to address
the Commission's competition concerns. The Commission circulated
United/Lufthansa/SAS's proposal to the carriers' competitors for their review
and comment. United understands that the Commission has been negotiating with
certain EU Member States certain changes to their national laws that the
Commission believes will enhance the effectiveness of the private remedies
offered by the parties. After a review of competitors' comments and negotiations
with EU Member States, the Commission and the carriers plan to meet in the near
future to continue their settlement negotiations. United, however, does not
expect that those discussions will be complete before the December 3, 2001
expiration of the currently-applicable waiver of the statutory deadline.
Therefore, United hereby offers a further 90-day limited waiver of the statutory
deadline attached to its complaint in order to afford the Commission and the
carriers more time in which to reach a settlement agreement.
Counsel: Wilmer Cutler
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| Order 01-11-19 OST-98-4030 |
Issued November 30, 2001 Served December 5, 2001 |
Order Granting Waiver | Complaint Against European Commission |
Order 2001-11-19 grants the request of United Air Lines, Inc. for waiver of the statutory deadline order to defer through March 3, 2002.
By: Read Van de Water
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| OST-98-4030 | February 7, 2002 | Limited Waiver of Statutory Deadline | Complaint - United Air Lines, Inc. against The European Commission and National Implementing Authorities |
| Service List |
United/Lufthansa/SAS
and the Commission are engaged in a dialog to resolve all outstanding issues
concerning the remedies that the carriers offered to address the Commission's
antitrust concerns. United understands that the Commission also has continued to
negotiate with certain EU Member States changes to their national laws that the
Commission believes will enhance the effectiveness of the private remedies
offered by the parties. United, however, does not expect that those discussions
will be complete before the March 3, 2002 expiration of the currently-applicable
waiver of the statutory deadline. Therefore, United hereby offers a further
90-day limited waiver of the statutory deadline attached to its complaint in
order to afford the Commission and the parties additional time in which to reach
an amicable settlement of this proceeding.
Counsel: United and Wilmer Cutler, Jeffrey Manley, 202.663.6670, jmanley@wilmer.com
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| Order 02-2-19 OST-98-4030 |
Issued February 28, 2002 Served March 5, 2002 |
Order Granting Waiver | Complaint Against European |
On
February 7, 2002, United offered an additional limited waiver of the statutory
deadline through June 2, 2002. United notes that since the filing of its
complaint a new Commission is in place and is undertaking a review of the issues
that prompted United's complaint. United states that the Commission and
United/Lufthansa/SAS are engaged in a dialogue to resolve all outstanding issues
concerning the remedies that the carriers offered to address the Commission's
antitrust concerns. United further states that it understands that the
Commission is continuing to negotiate with certain European Union (EU) Member
States certain changes to their national laws that the Commission believes will
enhance the effectiveness of the private remedies offered by the parties.
By: Susan McDermott
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| OST-98-4030 | May 9, 2002 | Limited Waiver of Statutory Deadline | International Air Transportation Fair Competitive Practices Act - United Air Lines, Inc. against The European Commission and National Implementing Authorities |
| Service List |
A new Commission has taken office and is undertaking a review of the issues that prompted United's complaint. United/Lufthansa/SAS and the Commission continue to engage in discussions to resolve the few outstanding issues concerning the private remedies that the carriers offered to address the Commission's antitrust concerns. United understands that the Commission also has continued to negotiate with certain EU Member States changes to their national laws that the Commission believes will enhance the effectiveness of the private remedies offered by the parties. These purely governmental negotiations, which are beyond the control of the parties, are not likely to be resolved until the European Court of Justice delivers its judgment in the pending open skies proceedings' and the Commission and Member States have had the opportunity to evaluate the judgment's impact on their respective competence over aviation services on routes between the EU and third countries. The Court's judgment is expected at some undefined future date.
Counsel: United and Wilmer Cutler, Jeffrey Manley, 202.663.6670, jamnley@wilmer.com
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| Order 02-5-26 OST-98-4030 |
Issued May 29, 2002 Served June 3, 2002 |
Order Granting Waiver | Complaint Against European Commission |
On May 9, 2002, United offered an additional limited waiver
of the statutory deadline through December l, 2002. United notes that since the
tiling of its complaint a new Commission is in place and is undertaking a review
of the issues that prompted United's complaint. United states that the
Commission and United/Lufthansa., SAS are engaged in a dialogue to
resolve the few outstanding issues concerning the remedies that the carriers
offered to address the Commissions antitrust concerns. United further states
that it understands that the Commission is continuing to negotiate with certain
European Union (EU) Member States certain changes to their national laws that
the Commission believes will enhance
the effectiveness of the private remedies offered by the parties.
By: Read Van de Water
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| OST-98-4030 | November 5, 2002 | Motion of United Air Lines to Dismiss Complaint | United Air Lines, Inc. against The European Commission and National Implementing Authorities |
United Air Lines, Inc. hereby moves to dismiss the complaint it filed in this docket pursuant to the International Air Transportation Fair Competitive Practices Act, as amended, 49 U.S.C. § 41310(d). On October 29, 2002, the European Commission announced its decision to close its investigation of the alliance between United, Deutsche Lufthansa AG and Scandinavian Airlines System. The decision, which follows extensive negotiations between the Commission and the carriers, substantially resolves the issues that were the gravamen of United's complaint.
Counsel: Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com
United Air Lines, Inc. against The European Commission and National Implementing Authorities
| Order 02-11-19 OST-98-4030 |
Issued November 27, 2002 Served December 3, 2002 |
Order Dismissing Complaint and Terminating Proceeding | Complaint of United Air Lines, Inc. against The European Commission and National Implementing Authorities |
On November 5, 2002, United filed a motion to dismiss its complaint. United states that on October 29, 2002, the EC announced its decision to close its investigation of the United/Lufthansa/SAS alliance. United further states that the EC's decision, which followed extensive negotiations between the EC and the carriers, substantially resolves the issues that gave rise to the complaint.
By: Read C. Van de Water
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