Wednesday, June 17, 2009
With the publication of the U.S. Treasury Department's white paper, Financial Regulatory Reform: A New Foundation (July 17, 2009) (available online here), there should be little doubt that the Government is in a "reregulatory mood" at the moment. The chances of this interventionist mentalité extending in-full to civil aviation remain, hopefully, slim. That doesn't mean there hasn't been cause for concern. As chronicled on the blog, the U.S. House of Representatives have already passed a version of the 2009 FAA Reauthorization Act which could bring down the international airline alliance system within three years and place serious roadblocks to an enhanced second stage air transport agreement between the U.S. and European Community. Even so, this is a far cry from the four plus decades when the Civil Aeronautics Board held monopoly oversight power on airlines' rates, routes, and services and waved a wand of antitrust immunity far more potent than any in U.S. regulatory history.
For those readers of the blog interested in refreshing their memories on the CAB and its demise or, due to time of birth, too young to recall when the CAB roamed the regulatory landscape, the following articles from the archives may be of interest:
- Comments, Civil Aeronautics Board Policy: An Evaluation, 57 Yale L.J. 1053 (1948);
- Richard D. Cudahy, The Coming Demise of Deregulation, 10 Yale J. on Reg. 1 (1993);
- Paul S. Dempsey, Rate Regulation and Antitrust Immunity in Transportation: The Genesis and Evolution of This Endangered Species, 32 Am. U. L. Rev. 335 (1982);
- Paul S. Dempsey, The Rise and Fall of the Civil Aeronautics Board, 11 Transp. L.J. 91 (1979);
- Robert M. Hardaway, Transportation Deregulation (1976-1984): Turning the Tide, 14 Transp. L.J. 101 (1986);
- Edward M. Kennedy, Airline Regulation by the Civil Aeronautics Board, 41 J. Air L. & Com. 607 (1975);
- John J. Farrell, Comment, The Civil Aeronautics Board as Trustees of the Public Interest, 5 U.S.F. L. Rev. 392 (1971);
- Christopher L. Manos, Note, Airline Deregulation and Service to Small Communities, 57 N.D. L. Rev. 607 (1981);
- John T. McGoldrick, Jr., Note, The Impact of the Civil Aeronautics Board's Regulation of Price Structure on the Airline Industry, 10 Ga. L. Rev. 619 (1976);
- John G. Murphy, Jr., Comment, C.A.B. Regulation of Fares of Foreign Airlines, 11 Colum. J. Transnat'l L. 276 (1972);
- William A. Paterson, Stewardship of the Airlines by the Civil Aeronautics Board, 15 J. Air L. & Com. 390 (1948); and
Jerrold Scoutt, Jr. & Coates Lear, Regulation by the Civil Aeronautics Board of the Ownership and Control of Air Carriers, 27 J. Air L. & Com. 247 (1960).