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OST-04-19215 -Delta, KLM, Northwest, Air France and Czech - Statements of Authorization
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Delta Air Lines, Inc. / KLM Royal Dutch Airlines / Northwest Airlines, Inc. / Societe Air France / Alitalia-Linee Aeree Italiane-S.p.A. / Czech Airlines
OST-04-19215 - Statements of Authorization - US-Netherlands/France/Italy/Czech September 24, 2004 Applications of for Statements of Authorization As a result of the combination of Air France and KLM, the Joint Applicants' hereby request blanket statements of authorization to engage in the reciprocal codeshare activities described below. The requested codeshare authority is an important element of the Joint Applicants' efforts to join the respective Northwest/KLM and Delta/Air France/Alitalia/CSA alliances. The proposed codeshare services are fully consistent with the open skies agreements between the United States and the Netherlands, France, Italy and the Czech Republic. The specific blanket statements of authorization requests are set forth in Appendix I. The Joint Applicants request that the blanket statements of authorization remain in effect for an indefinite term, subject to the Department's usual conditions. Counsel: Megan Rae Rosia, 202-842-3193 for Northwest / Shaw Pittman, Alexander Van der Bellen, 202-663 for Delta / Silverberg Goldman, Michael Goldman, 202-944-3305 for Air France / Paul Mifsud, 202-861-5867 for KLM / Sher & Blackwell, Allan Mendelsohn, 202-463-2508 for Czech / Zuckert Scoutt Richard Mathias, 202-298-8660 for Alitalia-Linee OST-04-19214 - Approval of and Antitrust Immunity for Alliance Agreements September 30, 2004 Motion to Consolidate of American Airlines and to Suspend Answer Date The Joint Applicants are seeking antitrust immunity in the first docket, and blanket codesharing authorizations in the second docket. Because these two applications are so closely interrelated,' the Department should consider them in a common proceeding. Such a procedure will not only be consistent with administrative convenience, but will also allow interested parties, in responding to the codeshare application, to review and take into account the relevant confidential documents accompanying the antitrust immunity application. American's motion to consolidate is well supported by Department precedent. For example, when American and Lan Chile separately filed for antitrust immunity and for codeshare authorizations, the Department consolidated those separate requests into one proceeding. As explained in Order 98-2-21, February 20, 1998, the Department did so "in the interest of administrative efficiency," as well as allowing access to confidential documents to "permit interested parties and the Department to consider the possible interrelationships among various existing and proposed alliances as they relate to the issues in the proceeding" (p. 2). American also moves that the Department suspend the answer date in the codeshare docket, OST-2004-19215, which under 14 CFR 212.10(e) (1) would otherwise be October 5, 2004 (seven business days). The Department should not require answers to the codeshare application in advance of an opportunity to review the Joint Applicants' confidential documents. Counsel: American, Carl, Nelson, 202-496-5647, carl.nelson@aa.com OST-04-19214 - Approval of and Antitrust Immunity for Alliance Agreements October 1, 2004 Joint Applicants' Answer to Motion of American Airlines The Joint Applicants' do not oppose the motion of American Airlines, Inc. to consolidate the joint application for approval and antitrust immunity in Docket OST-2004-19214 and the joint application for blanket codeshare authority in Docket OST-2004-19215 and to suspension of the answer date until interested persons are given access to confidential documents. In short, the Joint Applicants do not oppose a consolidated answer date for the two applications. The Joint Applicants urge the Department promptly to issue a notice providing interested persons access to the confidential documents filed by them in the Docket on September 27 and 28, subject to the Department's standard confidentiality protective procedures. In addition, the Joint Applicants urge the Department promptly to issue a Notice determining the Joint Application to be substantially complete and establishing a procedural schedule for answers (21 days from the date of the notice) and reply (7 days after the date answers are due). Counsel: Megan Rae Rosia, 202-842-3193 for Northwest / Shaw Pittman, Alexander Van der Bellen, 202-663 for Delta / Silverberg Goldman, Michael Goldman, 202-944-3305 for Air France / Paul Mifsud, 202-861-5867 for KLM / Sher & Blackwell, Allan Mendelsohn, 202-463-2508 for Czech / Zuckert Scoutt, Richard Mathias, 202-298-8660 for Alitalia-Linee OST-04-19215 - Statements of Authorization - US-Netherlands/France/Italy/Czech The application of Delta Air Lines, Continental Airlines and Northwest Airlines to join other carriers in the SkyTeam alliance should be denied. Three of the largest airlines in the United States, while joining the alliance under the premise of the Open Skies agreement with several international countries is misleading. As three of the largest airlines in the US, these carriers, while claiming to maintain healthy competition, will, in reality, consolidate operations. Smaller cities such as Anchorage, Alaska, have already seen the effects of such consolidation. While all three airlines currently operate to and from Anchorage, such broad cooperation between the three will inevitable reduce the number of carriers serving common destinations, raising fares and forming a de-facto monopoly. The proposed alliance is an underhanded and illegal way to circumvent the anti-trust legislation that has been in place for several years, and is nothing more than an attempt to regain ground in a turbulent industry by way of illegal collaboration. By: Scott Laird OST-04-19214 - Approval of and Antitrust Immunity for Alliance Agreements Served October 18, 2004 Notice Providing Access to Documents Order Consolidating Proceedings | Word By this order, we consolidate into Docket OST-2004-19214 the joint application for blanket codesharing (Docket OST-2004-19215) filed by the Joint Applicants. We also suspend the answer date in Docket OST-2004-19215, pending our determination that the record is complete. By this notice, we grant immediate interim access to all documents filed in Docket OST-2004-19214 covered by the Rule 12 Motion to counsel and outside experts for interested parties who file appropriate affidavits with the Department in advance. When we have determined that the record of this case is complete, we will announce an appropriate procedural schedule. We shall serve this notice on all persons on the service list for this docket. By: Karan Bhatia
October 18, 2004 Re: Affidavits of American Airlines - Carl Nelson, R. Bruce Wark and Jeffrey Ogar Counsel: American, Carl Nelson, 202-496-5647 |
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