The European Commission has issued (15 January) a Supplementary Statement of Objections to Lufthansa, signaling its intent to order the airline to reinstate Condor’s access to feed traffic at Frankfurt Airport under the terms agreed in June 2024.
This interim measure aims to safeguard competition on the Frankfurt-New York air route, which is potentially at risk due to the A++ transatlantic joint venture (JV) involving Lufthansa, United Airlines, and Air Canada.
Background of the Investigation
The Commission is investigating whether the A++ transatlantic JV restricts competition on routes between the European Economic Area (EEA) and North America. In 2013, the Commission accepted commitments from JV members to mitigate competition concerns, including making slots and feed traffic available to rivals. These commitments expired in December 2024, coinciding with Lufthansa terminating feed traffic agreements with Condor, a competing airline.
Condor, which had expanded operations on the Frankfurt-New York route, relied on feed traffic agreements with Lufthansa to ensure sustainability. The Commission’s investigation revealed that Condor’s inability to access Lufthansa’s feed traffic could force its exit from the route, reducing competition and harming consumers.
Interim Measures Proposed
The Commission’s Supplementary Statement of Objections outlines its preliminary view that Lufthansa must reinstate the feed traffic arrangements with Condor to prevent serious and irreparable harm to competition on the Frankfurt-New York route. These measures aim to ensure that Condor can continue operating sustainably while the broader investigation into the JV proceeds.
Broader Implications
The decision underscores the Commission’s vigilance in maintaining fair competition in transatlantic aviation markets. Commissioner concerns about the JV’s impact on competition highlight the importance of feed traffic arrangements for market health and consumer choice.
The investigation remains ongoing, with no deadline for completion, as the Commission examines whether the JV breaches EU antitrust laws under Article 101 of the Treaty on the Functioning of the European Union (TFEU).
For further details, visit the European Commission’s public case register under case number AT.40940.
Source: https://ec.europa.eu/commission/presscorner/detail/en/ip_25_260
