Powered by Lexis+®
Jurisdiction(s):
United Kingdom

EU General Court upholds Commission: ‘appropriate use’ means no misuse; Delta’s slot grandfathering confirmed — American Airlines v Commission (T‑430/18) on Heathrow–Philadelphia merger remedy

Practice notes
imgtext

CASE HUB NOTE-an appeal has been lodged before the Court of Justice in Case C- 127/21 P ARCHIVED -this archived case hub reflects the position at the date of the judgment of 16 December 2020; it is no longer maintained. See further, timeline, commentary and related cases.

Case facts

Outline

Appeal before the General Court challenging the European Commission’s decision to confer grandfathering rights over slots released as part of commitments under the EU Merger Regulation in Case M.6607 US Airways/American Airlines.

Latest development

On 16 December 2020, the General Court delivered its judgment, dismissing the appeal.

Parties

  • Applicant: American Airlines (AA)
  • Defendant: European Commission

Background

The 2013 decision in US Airways/American Airlines

On 5 August 2013, following a phase I review, the Commission cleared the AA and US Airways merger subject to commitments. It found the deal would create a monopoly on the London–Philadelphia route, owing to AA’s joint venture with British Airways. To resolve the competition concerns, the Commission accepted a remedies package, including the release of one daily pair of take-off and landing slots at London Heathrow, alongside further commitments to encourage entry...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 27/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow