On 26 January 2009, the Commission announced that it had opened a second-phase investigation into the proposed acquisition by Lufthansa of the Belgian air carrier SN Brussels Airlines. In addition to its own international and domestic passenger and air freight interests, Lufthansa also controls Swiss International Air Lines, Air Dolomiti, Eurowings and the low-cost carrier Germanwings. The initial investigation found that the proposed deal would give Lufthansa a monopoly on routes between: Brussels and Frankfurt, and Hamburg and Munich. It may also raise potential competition concerns on routes between: Brussels and Berlin, and Zurich and Geneva. Lufthansa has already offered remedies, including the divestment of a number of slots, to try and meet these concerns. However, the Commission indicated that the proposals were insufficient to resolve these competition concerns as part of the Phase I merger investigation. It is therefore likely that the Phase II investigation, which is due to end on 10 June 2009, will focus on the potency of these potential remedies to resolve competition concerns.
- How-to guide How-to guide: How to assess competition law risks in an agency agreement (UK)
- How-to guide How-to guide: Understanding antitrust and unfair trade practices law and your organization’s compliance obligations (USA)
- How-to guide How-to guide: How to draft an antitrust–unfair trade practices compliance program (USA)