Jurisdiction(s):
Ireland

EU merger scrutiny of Lufthansa-ITA and IAG-Air Europa: protracted Phase II, indirect-route overlaps, airport dominance, JV and feeder-traffic issues, and Korean-style remedy expectations

Published on: 26 January 2024

Published by an LexisNexis Ireland - Commercial expert

Legal News

Article summary

This week, two blockbuster European airline tie-ups were referred for full-scale scrutiny by the European Commission, which highlighted multiple worries over overlapping routes, both direct and connecting—covering Lufthansa’s move to take a stake in ITA Airways and IAG’s proposed purchase of Air Europa. Investigators flagged both direct and indirect overlaps, including feeder connections and one-stop itineraries. The notices revealed EU case handlers probing a spectrum of issues, some rarely tested in airline mergers, underscoring Brussels’ rising scepticism about consolidation generally, and in aviation in particular. Although Korean Air’s pursuit of Asiana demonstrates that EU sign-off is possible, the journey can be protracted and punishing, likely demanding tough concessions from Lufthansa and International Consolidated Airlines Group in their respective transactions. The Korean transaction is only edging towards EU approval more than three years after its November 2020 announcement—and at a high price. Crucially, the Korean carriers had to secure a credible new competitor to operate four sensitive European routes and accepted a stringent duty to ensure the remedy taker, T’Way Air, actually launched and sustained those services...

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