SkyTeam Antitrust

Order 2007-9-20
OST-2007-28644 - Approval of and Antitrust Immunity for Alliance Agreements

Issued and Served September 19, 2007

Order Requesting Additional Information

The Department recognizes the efforts made by the Joint Applicants to identify and submit, in conjunction with their application, information and supporting documentation based on evidence requests issued by the Department in past antitrust immunity cases. However, on a case by case basis, the Department retains the prerogative to seek additional, relevant information.

Our review of the record indicates that additional information is required in this case to ensure that the record is substantially complete. We are therefore requiring the Joint Applicants to submit updated documents, as well as to answer a limited number of clarification questions about relevant issues such as carve-outs and the proposed implementation of antitrust protocols. These issues have each been raised on the record but have not been addressed by the Joint Applicants in sufficient detail to permit the Department to make an informed decision.

Our request is necessary because of the particular and extraordinary relief from the antitrust laws that the Joint Applicants are seeking. We have tailored the request to limit it only to what the Department requires in order to make an informed decision based on information that is currently available. In that regard, we have decided to deny American's motion to require additional information relating to the European Commission proceedings. We believe that, with the satisfactory submission of the information requested in the attachment to this order, the evidence of record should be sufficient for us to decide this matter according to applicable legal and policy standards.

We recognize that the European Commission is conducting its own review of the SkyTeam alliance, but that proceeding and this one are independent of each other and necessarily will follow their own schedules and processes. At this point, in advance of a public decision by the Commission, it would be premature and even speculative to require submission of such preliminary material as that requested by American; in the future, we can review any EC actions as we deem appropriate. Meanwhile, of course, any party is free to submit any evidence for our consideration that the party believes should affect our decision.

By: Andrew Steinberg