Wednesday, February 23, 2011
All Nippon Airways and Lufthansa announced today that they are seeking an antitrust waiver from the Japanese Government to cooperate on pricing, schedules, and revenue sharing on routes between Europe and Japan. See ANA, Lufthansa to Set Up JV for Japan-Europe Routes, Reuters, Feb. 23, 2011 (available here).
The joint venture will also be subject to the European Commission ex post antitrust review under Article 101 of the Treaty on the Functioning of the European Union. If the Commission believes the deal would threaten competition, the carriers may be forced to offer concessions, such as transferring slots from its hub airports, to one or more of the airlines' competitors.