American Airlines, Inc., Iberia Lineas Aereas de Espana, S.A., Finnair OYJ, Malev Hungarian Airlines and Royal Jordanian Airlines

Order 2007-11-12
OST-2007-28845 - Antitrust Immunity

Issued and Served November 16, 2007

Order Requesting Additional Information

By this Order, the Department requests additional information, as set forth in the Attachment, from American, Iberia, Finnair, Malev, and Royal Jordanian. We believe that the additional information is necessary to analyze the application and decide this case. Subject to review of the information requested and determination that the record is substantially complete, we intend to establish a procedural schedule to act on this application.

In the pleadings, the parties also debate whether submitting additional information would irreparably harm the Joint Applicants due to the fact that certain confidential information would be made available to affiants under Rule 12 of the Department’s procedural regulations. The Joint Applicants argue in their answer, and again in their reply, that the disclosure of commercially sensitive information that is irrelevant to this proceeding would cause irreparable harm because certain affiants hold high-level commercial positions with the Joint Applicants’ competitors. The SkyTeam parties respond, first, that the commercial sensitivity of documents has nothing to do with whether those documents are relevant to the proceeding, and second, that Rule 12 procedures, which apply equally to all parties, are sufficient to protect the Joint Applicants’ interests.

By: Susan McDermott