The German Competition Authority clears a wet-lease agreement under German merger rules (Air Berlin / Lufthansa)

On January 30, 2017, the German Competition Authority (hereinafter the Bundeskartellamt) validated a aircraft wet-lease agreement between Air Berlin and Lufthansa under merger rules. Traditionally, the merger rules are applied to control a real merger [1], which could affect competition on the market. The purpose of merger rules is to prevent transactions that would significantly impede effective competition. It is quite rare to see this corpus of rules mobilized to assess a benign agreement. Indeed, at first glance, with a formal approach, it is possible to support that a wet-lease agreement does not possess a concentrative effect. Therefore, a wet-lease agreement should not be controlled under merger rules. However, according to the decision, and by implementing a substantive and

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  • University of Grenoble Alpes

Quotation

Walid Chaiehloudj, The German Competition Authority clears a wet-lease agreement under German merger rules (Air Berlin / Lufthansa), 30 January 2017, e-Competitions January 2017, Art. N° 83814

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