13.7.2013   

EN

Official Journal of the European Union

C 201/7

(1)

This proceeding concerns the agreement concluded between Air Canada, Continental Airlines, Deutsche Lufthansa and United Air Lines, in relation to the establishment of a revenue-sharing joint venture on transatlantic routes (‘A++ Agreement’) (2).

(2)

The A++ Agreement covers all passenger air transport services of the airlines on routes between Europe and North America. The airlines agree to cooperate on key parameters of competition, such as pricing, capacity, schedules and marketing. The joint venture does not qualify as ‘full function’ and therefore, the agreement is subject to Article 101 TFEU.

(3)

On 8 April 2009, the Commission decided to open proceedings with a view to adopting a decision under Chapter III of Regulation (EC) No 1/2003 (3) in relation to the A++ Agreement. On 10 October 2012, the Commission adopted a preliminary assessment pursuant to Article 9(1) of Regulation (EC) No 1/2003 and notified it to the carriers by letter of 10 October 2012. In the preliminary assessment, the Commission took the view that the cooperation raised concerns as to its compatibility with Article 101 TFEU in relation to the Frankfurt–New York route for premium passengers.

(4)

On 11 December 2012, the carriers submitted commitments in order to meet the Commission's concerns. On 21 December 2012, the Commission published a notice in the Official Journal of the European Union in accordance with Article 27(4) of Regulation (EC) No 1/2003, summarising the case and the commitments and inviting third parties to submit comments on the proposal (4).

(5)

In response to the notice, the Commission received observations from four interested third parties. Thereafter, the carriers submitted a revised commitment proposal. Pursuant to the proposed commitments, for a period of 10 years, the carriers commit themselves to take a number of measures, i.e. slot releases, fare combinability agreements, pro-rate agreements and opening of their frequent flyer programmes, to facilitate rivals' entry into the Frankfurt–New York route.

(6)

In its decision pursuant to Article 9(1) of Regulation (EC) No 1/2003, the Commission makes the commitments proposed by the airlines binding upon them and concludes that, in light of the commitments offered, there are no longer grounds for action on its part, and thus the proceedings in this case should be brought to an end.

(7)

I did not receive any request or complaint from any party to the proceedings in the present case (5). In view thereof, I consider that the effective exercise of the procedural rights of all parties in this case has been respected.