British Airways/American Airlines/Iberia - CASE NO. AT.39596

CompetitionRx is the Trustee approved by the European Commission and the US Department of Transportation for the monitoring of the Commitments given by British Airways Plc (BA), American Airlines Inc (AA) and Iberia Lineas Aereas de Espana SA (Iberia) to the European Commission on 14 July 2010 (Article 9 decision in case AT.39596 British Airways/American Airlines/Iberia).

The Final Commitments can be downloaded directly from the European Commission website using this link: Final Commitments PDF.

The Commission’s Press Release and responses to ‘Frequently Asked Questions’ (FAQs) about the Commitments, both of 14 July 2010 can also be downloaded.

Further information about the case is available from the Commission’s Case Page.

The general responsibilities of the Trustee are set out in section 5.2 of the Commitments. The Trustee also has specific responsibilities with respect to each commitment which are set out in the relevant sections of the Commitments.

Slot Release Procedure

Under the Commitments, an Applicant requesting slots under the Slot Release Procedure is first required to follow the four steps set out in Clause 1.3.1 of the Commitments at least seven (7) weeks before the Slot Request Submission Deadline (‘SRSD’) for the IATA season for which they are applying for slots. The SRSD for the IATA Summer Season 2018 is Thursday 5 October 2017 and therefore the deadline for applications is 17 August 2017. 

The Trustee will open the applications process for the IATA Summer Season 2018 on 20 July 2017. Applications for slots for the Summer Season 2018  under the Slot Release Procedure of the Commitments must therefore be received by the Trustee by Close of Business (COB) on Thursday 17 August 2017. The COB deadline for applications is 6pm British Summer Time (BST). Applications received after this deadline will be rejected.

Availability of Slots for IATA Summer Season 2018

The Trustee is inviting applications for Slots on London – New York, as follows:

  •  London – New York (JFK and Newark airports) (max. 3 Slots)

Since the Commitments entered into force, the parties have not been required to release slots on the London-New York route due to the number of competitive daily frequencies prevailing on the London-New York route.

 

Reminder concerning amendment to the slot release process under the Commitments

Prior to IATA Winter Season 2012/2013, the Monitoring Trustee was required to carry out a check on the number of competitive frequencies at the end of the IATA slot conference in order to determine if slots would be available for release. As a result, Applicants were required to prepare a business plan submission even if it appeared unlikely that slots would become available given the aggregate number of competitive frequencies operating on Identified City Pairs and the requirements for minimum levels of aggregate competitive frequencies under Clause 1.1.3 of the Commitments, before slots must be released.

The Commission has determined that the Monitoring Trustee shall be required to carry out an intermediate assessment of the number of competitive frequencies on the relevant routes of concern and complete this assessment two weeks prior, (i.e. by 21 September 2017 for IATA Summer Season 2018) to the slot request submission deadline (i.e. 5 October 2017 for IATA Summer Season 2018). If the intermediate assessment confirms that the number of competitive frequencies will persist for the forthcoming season and at such levels a requirement to release slots would not arise, then slot applications will be rejected at this point. If the intermediate assessment does not confirm the required number of competitive services, then the application will continue to the next stage, and a further assessment on competitive frequencies will take place at the end of the IATA slot conference.

Therefore, by 21 September 2017, the Monitoring Trustee will endeavour to inform Applicants of the outcome of the intermediate assessment and whether applications are rejected due to lack of availability of Slots, or may continue and therefore, whether a business plan submission will be required.

To facilitate the submission of Slot Requests and processing of application information, the Trustee has prepared a Slot Request Application Form a copy of which may be requested by emailing the trustee at BAAAIB.trustee@mazars.co.uk

Applicants for Slot Requests are allowed to request anonymity, as set out in Clauses 1.3.1(d) and 1.3.3 of the Commitments.

Applicant Airlines that DO NOT require anonymity for their slot request/s at Heathrow Airport are strongly encouraged also to contact Airport Coordination Ltd (ACL) at the earliest opportunity. ACL is responsible for the coordination of slots, service and infrastructure requirements at Heathrow Airport. In the first instance prospective Applicants should contact Richard Cann or Ingrid Hainy at ACL, whose details are provided below:

Airport Coordination Ltd
Viewpoint
240 London Road,
Staines,
TW18 4JT
United Kingdom

Tel: +44 (0)20 8564 0600
Fax: +44 (0)20 8564 0691
Email: heathrow@acl-uk.org
SITA: LONACXH
Web Site: www.acl-uk.org

Applicant Airlines that REQUIRE ANONYMITY under the terms of Clauses 1.3.1(d) and 1.3.3 of the Commitments should ONLY CONTACT THE MONITORING TRUSTEE through the email address: BAAAIB.trustee@mazars.co.uk

Other contact information for the Monitoring Trustee:

BA-AA-IB Monitoring Trustee
FAO Alex Lewis

Mazars LLP
Tower Bridge House
St Katherine’s Way
London
E1W 1DD

Tel: +207 063 4596/ +44 7881 284 080

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