CASE COMMENTS : MERGER CONTROL - PHASE I - AIR TRANSPORT SECTOR - ACQUISITION OF SOLE CONTROL OF AN AIRLINE COMPANY BY ANOTHER - EUROPAN DIMENSION - COMMISSION’S JURISDICTION - UNDERTAKING CONCERNED - CALCULATION OF TURNOVER - FAILING COMPANY DEFENCE - HORIZONTAL EFFECTS - OVERLAPS ON CERTAIN CITY PAIR ROUTES - CLEARANCE WITH CONDITIONS AND OBLIGATIONS
Phase I - Europan dimension - Failing firm defence: The European Commission conditionally clears an acquisition in the air transport sector (IAG, BMI)
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Eur. Comm, 30 March 2012, IAG/BMI, Case COMP/M.6447
BMI is a company owned by the subsidiary LHBD Holding Limited ("LHBD") of Lufthansa. BMI's aviation activity is broadly divided into three dimensions: the first, based at London Heathrow, comprises its main routes ("BMI Mainline"), the second, comprising its regional routes and based in Aberdeen ("BMI Regional") and the third, comprising its low-cost routes, based at East Midlands Airport in the United Kingdom ("BMI baby"). Overall, BMI serves more than 70 destinations, most of them through codesharing agreements, and is a member of the Star alliance.
The purchaser IAG (acronym for International Airlines
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