DOT extends Oneworld JBA antitrust immunity to Aer Lingus

The US Department of Transportation (DOT) has finalised its decision to include Aer Lingus (EI, Dublin Int’l) under Oneworld’s umbrella of transatlantic antitrust immunity (ATI). While both Delta Air Lines (DL, Atlanta Hartsfield Jackson) and JetBlue Airways (B6, New York JFK) filed comments to the tentative decision, issued on November 16, neither of the two airlines objected to Aer Lingus’s application. Instead, they both called upon the DOT to continue monitoring slot commitments relating to the JBA, particularly at London Heathrow, to ensure free competition. Delta has also argued that JetBlue should not be treated as independent of the JBA for slot remedy purposes due to its marketing alliance with American Airlines (AA, Dallas/Fort Worth). The DOT said that it would address the two carriers’ concerns once there is reason to do so. For now, it said that it had found no grounds to alter its original finding to extend immunity to Aer Lingus. The DOT upheld its decision requiring members of the ATI to remove Royal Jordanian (RJ, Amman Queen Alia) from the agreement due to its de-facto non-participation. The American regulator also ordered the airlines to remove a clause from their JBA requiring members to obtain consent before codesharing with third-party airlines. The JBA includes American Airlines, British Airways, Iberia, Finnair, OpenSkies, and Aer Lingus. The Irish carrier’s planned British subsidiary, Aer Lingus (United Kingdom) (Belfast City), which is under certification and intends to operate transatlantic flights from the United Kingdom, is not included as of now.