Code-Sharing Agreements in Scheduled Passenger Air Transport–The European Competition Authorities’ Perspective

Introduction:

"This paper is the result of discussions within the ECA Air Traffic Working Group on whether or not code-sharing arrangements are in line with competition law. In order to conduct the discussion on a broader basis, a questionnaire was circulated among the members of the ECA Air Traffic Working Group. Twenty-two answers to the questionnaire were received. Replies came from Austria, Denmark, Estonia, Finland, the French Conseil de la Concurrence, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Norway, Portugal, Slovenia, Spain, Sweden, the Netherlands, the United Kingdom, the European Commission and the EFTA Surveillance Authority. Although not a member of the ECA, the Working Group asked the Swiss Wettbewerbskommission to answer the questionnaire and was pleased to receive its reply.

It is stressed that this paper does not have the status of an official notice or guideline published by one of the national authorities, the European Commission or the EFTA surveillance authority. It should also be emphasised that, given the specific facts and circumstances, each individual code-sharing agreement has to be assessed on a case-by-case basis."