Law Antitrust / Competition Law

European Union Competition Law in the Airline Industry

By John Milligan
Kluwer Law International June 2017

Specifications

ISBN-13
9789041166180
Publisher
Kluwer Law International
Publication
June 2017
Format
Hardback , 232 pages
Jurisdiction
European Union ? Countri(es) for reference only

Details

European Union Competition Law in the Airline Industry provides an overview of competition law in the aviation sector. Since the liberalisation of air transport in the EU in the late 1980s, with the application of competition law to agreements and practices within the EU, and between EU and non-EU airlines, particularly from 2004, competition has intensified. The industry has evolved, with the emergence of low-cost carriers, greater consolidation between full service carriers through mergers and alliances, and most recently, convergence of business models as airlines respond to competitive pressures. The enforcement of competition law has also increased within the EU – at EU and EU Member State level – and internationally. In light of this, the book offers a blend of practical advice and legal input, useful for practitioners and academics, and all others who are involved with this interesting and multifaceted subject.

What’s in this book:

Among the issues and topics covered are the following:

  • commercial agreements between airlines such as code-sharing, mergers and alliances, and other joint ventures;
  • means of distribution such as computer reservation (or global distribution) systems and travel agents;
  • supply and distribution agreements;
  • abusive conduct by dominant companies, including airports, airlines, or other companies;
  • cartels, including the Airfreight cartel case;
  • information exchange between competitors;
  • procedure, enforcement, and private actions for damages;
  • State aid to airlines by governments, through agreements between regional airports and low-cost carriers, and aid to airports; and
  • State subsidies by non-EU countries to airlines.

The author also gives an overview of the liberalisation process, the European Common Aviation Area, agreements with non-EU countries, latest developments (including Brexit), and ongoing trends.

How this will help you:

This practical and thoroughly researched book, minimising the need for cross-referencing, is currently the only comprehensive study of European competition law from the perspective of the airline industry. As a practical guide to the application of competition law in relation to drafting commercial agreements, planning and structuring mergers and alliances, assessing existing agreements, or handling claims or disputes among airlines or airports, legal practitioners in the transport field will find this book to be of inestimable value, as will business persons at airlines and airports. Thus, this book is indispensable for regulators, academics, and university libraries.

 

Features

–             First comprehensive study of European competition law from the perspective of the airline industry

–             Stand-alone source for all relevant legislation, case law, and commentary on EU competition law in the airline industry

–             In-depth study of cooperation in the application of competition law to the airline industry at EU and international levels

–             Completely up to date

Benefits

-             Topics are easily arranged and organised for ease of access.

-             The author is a partner specialising in EU competition law at one of the leading aviation practices in the world, ensuring the reader has the best expert knowledge on the subject

-             The book is a blend of practical advice and legal input,  useful for practitioners and academics, and all others who are involved with this interesting and multifaceted subject.

-             All the relevant legislation, case law and commentary on EU competition law in the airline industry can be found in one comprehensive book.

-             The book is suitable for every stakeholder: lawyers, law firms, universities, governments, European Union entities, international governmental organisations, international non-governmental organisations.

-             There is discussion of liberalisation of air transport at EU and international level which is relevant to context, and of cooperation in the global application of competition law.

-             The book is extensively researched, with detailed referencing allowing readers to find relevant content on any given point and related areas, such as impacts of 'Brexit'.

-             The information is the most up-to-date, ensuring that the reader has the most up-to-date commentary, as at January 2017, on the subject.

Table of Contents

About the Author

Introduction

Chapter 1 Introduction to the European Union and Competition Law

Chapter 2 Liberalisation of Air Transport

Chapter 3 Market Definition

Chapter 4 Elements of Article 101 TFEU

Chapter 5 Article 101 TFEU: Horizontal Agreements

Chapter 6 Article 101 TFEU: Vertical Agreements

Chapter 7 Article 102: TFEU Abuse of a Dominant Position

Chapter 8 Mergers and Alliances

Chapter 9 Enforcement of EU Competition Law

Chapter 10 EU State Aid Rules

Annexes

ANNEX I
Treaty on the Functioning of the European Union – Provisions on Competition and State Aid

ANNEX II
Other Relevant Provisions of the Treaty on the Functioning of the European Union

ANNEX III
Treaty On European Union Provisions

Index

About the Author

John Milligan is an English qualified solicitor (and formerly a barrister) and has since 2001 been an EU & competition partner at Clyde & Co LLP, one of the leading aviation practices in the world. He has over 20 years’ experience advising in the aviation, marine transport, energy and insurance sectors. He specialises in all aspects of competition law, including mergers and alliances, code-sharing, distribution and other commercial agreements, cartel investigations, damages actions, abuse of dominance, market investigations and the EU state aid rules. Prior to joining Clyde & Co, John was an associate at the Law Offices of SG Archibald in Brussels. He studied law at Queen’s University Belfast and completed a Master’s degree (‘Licence spéciale en droit européen’) at the Université Libre de Bruxelles. John is a guest lecturer in EU competition law at the Institute of Air and Space Law at the University of Leiden, Netherlands.

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