View Full Version : USA Today: United, US Airways court controversy


A320 EOW
Jun 24, 02, 1:40 pm
http://www.usatoday.com/travel/news/2002/2002-06-24-united.htm

United, US Airways court controversy

By Marilyn Adams and Barbara De Lollis, USA TODAY

United and US Airways are exploring a far-reaching partnership that executives say would bring many of the same benefits as last year's failed merger plan.

Skeptics worry such an alliance ? the biggest between two major U.S. airlines ? might weaken competition just as their merger would have.

United CEO Jack Creighton last week confirmed the two ailing carriers are discussing selling seats for connecting flights on each other's airline. Creighton said that an alliance would bring many of the benefits they sought in United's $4.3 billion offer for US Airways ? without the cost and trouble.

That bid died last year after the Justice Department said it would sue to block the deal because it would violate antitrust laws by reducing competition, especially at East Coast airports where the two overlapped.

"Both carriers are in tremendous financial difficulty, but this would raise a number of competitive questions that deserve to be looked at," says Steve Martin, an airline-competition expert at the General Accounting Office. GAO, Congress' investigative arm, had said the proposed merger would hurt competition and spur more airline consolidation.

"The question is: If a merger wasn't allowed, should something less than a merger be allowed now?" says former Federal Trade Commission general counsel Steve Calkins, a professor at Wayne State University in Michigan.

Unlike a merger, which gets rigorous antitrust scrutiny, a "code-share" alliance faces fewer hurdles. By law, the Department of Transportation is the lead agency reviewing such deals. Such arrangements are legal as long as the airlines remain independently owned. DOT has never blocked a domestic code-share deal. Justice can review domestic alliances for antitrust problems, but it doesn't have to.

A United-US Airways deal could dwarf the largest such alliance, between Continental and Northwest airlines. That brought Continental $140 million in revenue last year. People familiar with the United-US Airways talks say United could gain $300 million to $400 million a year in revenue, and US Airways could realize as much as $300 million a year.

The talks come as both carriers are hemorrhaging money. United, which lost two jets in the Sept. 11 attacks, reported a $2.1 billion net loss last year. US Airways, whose flights at Reagan Washington National Airport are still down from Sept. 11, applied for federal loan guarantees. United is expected to apply this week.

Pilots unions at both United and US Airways have blessed the talks. "It seems to make good sense," says Capt. Steve Derebey, a spokesman for the United pilots union.

CLTFlyer
Jun 24, 02, 2:31 pm
What some of the folks quoted are missing is the fact that Norman Mineta advised the folks at US and UA that the Administration would make sure that any merger by UA and US would be approved post-9/11. Therefore, a codeshare, which is a few steps below a merger, would not have a problem passing muster these days.

US will codeshare with someone - just hope it's real soon.

TTT103
Jun 24, 02, 5:14 pm
<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by CLTFlyer:
US will codeshare with someone - just hope it's real soon. </font>

Let's also hope that it's a real carrier that they codeshare with.

m60
Jun 24, 02, 5:28 pm
But Mineta doesn't have the power to waive antitrust concerns..and I am sure that other carriers will bring a huge pressure for full antitrust scrutiny.

Skylink USA
Jun 24, 02, 7:10 pm
As far as frequent flyer concerns only (not the big picture) US + Star would be much more useful than US + UA.

With US+UA, QF and NW(Pacific) will exit leaving US Dividend Miles with only US+US+Latin Pass. This is not any better than the present and probably worse.

QF is better than UA. I like NW more than UA, but it's a toss-up. UA doesn't fly much to Europe. If US joins Star (my guess is that they will not), you still can't use LH, SK, RG-Varig.

(nonsense typo corrected)

[This message has been edited by Skylink USA (edited 06-24-2002).]

CLTFlyer
Jun 24, 02, 9:48 pm
<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by m60:
But Mineta doesn't have the power to waive antitrust concerns..and I am sure that other carriers will bring a huge pressure for full antitrust scrutiny.</font>

But when Mineta made that statement, I'm sure he had received word that Justice would sign off. I doubt that he would have made that statement if he didn't already know that DOJ's Antitrust division would grant approval. Maybe that word came to Mineta from higher up, say maybe the head of the Executive Branch of our government ...

In that case, it doesn't matter what other carriers think.