Anticompetitive effects: The General Court of the European Union affirms the Commission’s slot portfolio analysis in two airline mergers (Polskie Linie Lotnicze / easyJet / Lufthansa / Air Berlin)

What is it with air travel and merger litigation? Mergers in this sector have certainly contributed their fair share to the case law on merger control. Think of Airtours (T-342/99), easyJet (T-177/04), Ryanair (T-342/07), Niki Luftfahrt (T-162/10), Lufthansa (T-712/16) and American Airlines (T-430/18). We can now add two more cases to the list, albeit of lesser importance than some of the seminal judgments mentioned in the previous paragraph. On 20 October 2021, the General Court rendered two judgments relating to acquisitions involving Air Berlin. The German airline became insolvent in 2017 and was sold in pieces to Lufthansa and easyJet. The judgments are highly relevant for mergers in the aviation sector but seem to contain few broader lessons or implications for merger control in

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Simon Vande Walle, Anticompetitive effects: The General Court of the European Union affirms the Commission’s slot portfolio analysis in two airline mergers (Polskie Linie Lotnicze / easyJet / Lufthansa / Air Berlin), 20 October 2021, Concurrences N° 1-2022, Art. N° 105457, pp. 123-126

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