| airport and airline officials also told us that factors other
than restrictive gate leases, such as the marketing strategies of incumbent airlines, prevented new entrants from providing service at their airports. these marketing strategies, combined with a new
entrant's fear of perceived predatory conduct by the incumbent carrier
and its possible lack of adequate capitalization, can deter airlines
from entering dominated markets. | |
|
airline sales and marketing practices (such as frequent flyer
programs, travel agent commission overrides, or corporate incentive
agreements\15\) make it difficult for potential competitors to enter
markets dominated by established airlines. as we have previously
reported, the dominant carrier in each market uses these strategies to attract the most profitable segment of the industry--business
travelers. since the strength of these programs depends largely on the
incumbent airline's route networks, alliances, and hubs, new entry
carriers who lack such tools are concerned about their ability to enter
the market successfully. therefore, airlines in many cases have chosen
not to enter, or to quickly exit, markets where they did not believe
they could overcome the combined effect of these strategies. |
| this is particularly true given that, to attract new customers, a potential
competitor must announce its schedule and fares well in advance of beginning service. thus, the incumbent is provided an opportunity to adjust its marketing strategies and match the low fares offered by the
new competitors. initially, dot had inherited the civil
aeronautics board's antitrust responsibilities.
congress subsequently removed dot's authority for approving airline
mergers, giving that responsibility to doj.
doj's authority to review airline mergers and prohibit
anticompetitive behavior comes from the sherman and clayton antitrust
acts and the hart-scott-rodino act. doj exercised this authority in filing a complaint against the northwest-continental proposed stock
acquisition. in january 2001, doj
dismissed its lawsuit northwest divested all but 7 percent of its
voting interest in continental. |
in a case involving alleged predatory
practices that is still pending, doj exercised its authority under the
sherman antitrust act to prevent monopolization by filing a complaint
in 1999 against american airlines. doj alleged that american violated
the sherman act by attempting to monopolize service out of dallas-fort
worth by increasing capacity and reducing fares ``well beyond what
makes business sense,'' to drive new competitors, such as vanguard and
western pacific airlines, out of the market.
dot has no current authority to approve mergers, but it does have
general authority under 49 usc 41712 to act against what it considers
to be an unfair or deceptive practice or an unfair method of competition in air transportation. dot has used this authority to investigate several complaints of predatory practices by major air
carriers against new entrants. based on these complaints, dot in april
1998 proposed guidelines that sought to define standards for air
carrier conduct. however, dot did not finalize or implement those
guidelines, concluding instead that it should develop standards through
a case by case approach. |
| because dot has not yet exercised its authority, the way in which this provision will be interpreted and applied is unclear. ford aviation investment and reform act for the 21st
century\17\ (air-21) required certain large and medium hub airports to submit annual competition plans to dot in order for the airport to receive new federal grants or to impose or increase the passenger
facility charge. the plans are to include information on the
availability of airport gates and other facilities, gate-use
requirements, patterns of air service, financial constraints, and other
specific items. starting in fiscal year 2001, all covered airports are required to have their plans reviewed by the federal aviation
administration (faa) in order to receive airport improvement program
(aip) grants and new authority to levy passenger facility charges. |
| \18\
dot is to review the plans and their implementation to ensure that each
covered airport successfully implemented its plan.
proposed legislation focuses on significant impediments to competition
while we have had only limited time to study the proposed
legislation, we are nevertheless pleased to provide some broad comments
on the intent and a few key provisions. the intent of the aviation
competition restoration act to ensure ``competitive access by commercial air carriers to major cities'' is clearly sound. the
benefits of preserving and enhancing competition in the airline
industry to the public are indisputable. |
| the absence of effective
access to markets goes to the heart of failures in the functioning of competition in so many markets. under current law, dot has the
authority to take action against anticompetitive practices, but it is not required to take any action. the proposed legislation would
expressly require dot to act. we fully concur with the finding that public concern about the importance of air transportation . |
and
continued hub domination requires the department of transportation to assert its authority in analyzing proposed transactions among air
carriers that affect consumers.'' moreover, as noted in the bill's
findings, many of the other concerns of the public and congress
regarding the airline industry--increasing flight delays and
cancellations, overscheduling, and poor service--are linked to weaknesses in the functioning of competition. |
|
we do, however, have some concerns that the proposed bill may be too prescriptive--and either may not result in the intended effect or produce unintended adverse effects. these comments relate primarily to provisions of 3 which may be specific than necessary
in specifying solutions to anti-competitive effects of mergers\19\--when in both problems and solutions
could vary from airport to , market to , and carrier to . fares may fall only in where competition is introduced from a -fare carrier rather than another
network carrier.. .. |