Delta Air, Virgin Blue Seek Five-Year Anti-Trust Immunity
11 July 2009 - 2:50AM
Dow Jones News
Delta Air Lines Inc. (DAL) and Australia's Virgin Blue Holdings
(VBA.AU) said they would drop plans for an alliance unless granted
anti-trust immunity for at least five years.
The planned pact is the first time that Delta, the world's
largest airline by revenue, has sought immunity with a partner
outside the global SkyTeam alliance it leads.
Delta and Virgin Blue - which would drop existing partner United
Airlines on U.S.-South Pacific routes - have called for "prompt"
approval of their application, made to U.S. and Australian
regulators. United Airlines is a unit of UAL Corp (UAUA).
In a filing with the U.S. transportation department, they also
asked that antitrust approval have "a duration of at least five
years."
The unusual request comes against a backdrop of probes into
airline alliances and antitrust policy on both sides of the
Atlantic. One U.S. lawmaker's proposal could see existing
immunities withdrawn within three years if found to be against the
public interest.
Delta and Virgin Blue said in the filing that "they cannot and
will not proceed ... without a grant of immunity from the threat of
costly and burdensome private antitrust litigation."
The airlines also noted that fines for violation of cartel rules
in the air cargo sector "have made airline managers around the
world all the more cautious with regard to communications and
information sharing with direct competitors, and, indeed, assuming
any potential antitrust risk."
-By Doug Cameron, Dow Jones Newswires; 312-750-4135;
doug.cameron@dowjones.com
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