Yesterday, many travel headlines said that Continental Airlines’ request to join the Star Alliance had been approved by the Department of Transportation (DOT). But the dust is far from settled. The DOT “proposed” to approve antitrust immunity.
The battle for approval of this alliance and others has been raging for months behind the scenes. In the closing days of the Bush administration, the airlines were working furiously to get approval rushed through before the new, presumably more consumer-friendly, administration got into office.
That push was blunted by a coalition of Senators, Representatives, the Department of Justice, business travel associations and consumer travel advocates. This DOT proposal to grant antitrust immunity is the start of an intense period of 21 days of comments followed by about another two weeks for airline industry rebuttals.
This “approval,” in its current form is far from a sure thing. Already, Rep. James Oberstar has bellowed his disapproval of these alliances and has introduced separate legislation that may derail any of these efforts.
The Business Travel Coalition has issued a call to its members to fight to insist that the alliance is not allowed to negotiate as one massive corporation. And many consumer advocates, including this newsletter, have cautioned about approving these alliances with such a broad antitrust immunity.
The issue is not whether or not airlines can band together to share frequent flier miles and airline clubs. The biggest issue is whether the government is going to allow these airlines to create a defacto international merger with the rights to bargain jointly.
If the antitrust immunity approval spills over to business negotiation rights, the global transport world will be faced with three massive defacto corporations that can dictate schedules, airfares and services at will.
Consumers, whether business travelers or leisure travelers will have fewer options between airlines for international travel. Competition will be reduced dramatically. Airfares will be higher. New low-cost entrants will be barricaded from long-haul international routes (remember Freddie Laker and Laker Airways). These alliances are not good for any level of consumers.
Tour operators, travel agents, corporate travel departments, caterers, jet fuel providers, airplane tire manufacturers, repair facilities and far more will suffer if the government allows three alliances with carte-blanche antitrust immunity to negotiate as single entities.
These changes, requested by the airline alliances, are not minor changes to the status quo, they are fundamental changes in the system. The approval of the new enhanced airline alliances requested by oneworld, SkyTeam and Star Alliance are mergers as far as international travel goes, for all intents and purposes.
Even the DOT carefully notes, “the carriers would remain subject to antitrust laws with respect to domestic service.”
In such an interrelated global world, the current lively competition between airlines and multiple options for travel should be encouraged rather than squashed in a government approved oligopoly.
For next 21 days the battle between freedom to compete on international air routes or control of travel by three massive airline alliances will be being played out. Tripso clearly stands on the side of freedom to travel.
The DOT order, alliance application and public comments are available on the Internet at http://www.regulations.gov, docket number DOT-OST-2008-0234. Make your voice heard.


