Harmonising Regulatory and Antitrust Regimes for International Air Transport

Harmonising Regulatory and Antitrust Regimes for International Air Transport Abingdon, New York: Routledge 2019

Posted: 20 Mar 2019

See all articles by Jan Walulik

Jan Walulik

Centre for Antitrust and Regulatory Studies, Faculty of Management, University of Warsaw; Warsaw School of Economics; Independent

Shadi Alshdaifat

University of Sharjah

Elena Carpanelli

Independent

Paul Stephen Dempsey

McGill University - Faculty of Law

Peter P.C. Haanappel

University of Leiden

Bashar H. Malkawi

College of Law University of Sharjah

Pablo Mendes de Leon

Leiden Law School

Frans Gerhard von der Dunk

University of Nebraska College of Law

Date Written: November 15, 2018

Abstract

Harmonising Regulatory and Antitrust Regimes for International Air Transport addresses the timely and problematic issue of lack of uniformity in legal standards for international civil aviation.
First, it focuses on discrepancies within the regulatory and antitrust framework and possible solutions thereto. Possible strategies for multilateralisation and defragmentation of air law are discussed, including those within the ICAO and WTO systems, as well as privatisation, trans-national cooperation and consolidation between airlines.

This is followed by a debate on international harmonisation of air policy and economic regulation with competition law and policy. This part deliberates on the peculiarities of the latter framework, such as ‘extraterritorial’ application (effects doctrine) and antitrust immunities. Specific legal problems concerning airline alliance activities are also addressed, such as code-sharing, leasing, franchising and common branding, as well as metal-neutral joint ventures and real air carrier mergers.

The discussion extends to competition and possible conflicts between air transport law and other legal regimes, including space law, environmental law (carbon offsetting schemes) and labour law, which are relevant to aviation and growing aerospace activities. The study also contributes to some specific regulatory problems, such as possible regulation of space tourism under air law, airline ownership and control, balance between aviation safety and airline liberalisation, development of regional liberalisation initiatives and solutions to eliminate air connectivity gaps.

The unique feature of the book is that it reconciles distinct perspectives on these issues presented by renowned aviation and aerospace experts who represent world’s key air transport markets and air law academic centres.

Keywords: Aviation management, Aviation Safety, Aviation Law, Aviation Industry, Aviation, Airline business, Airlines, suborbital flights, space law, fair competition, mergers, competition law, antitrust immunity, antitrust, air services agreements, Airline Industry, Airline Economics, Air and Space Law

JEL Classification: K2, K31, K32, K33

Suggested Citation

Walulik, Jan and Alshdaifat, Shadi and Carpanelli, Elena and Dempsey, Paul Stephen and Haanappel, Peter P.C. and Malkawi, Bashar H. and Mendes de Leon, Pablo and von der Dunk, Frans Gerhard, Harmonising Regulatory and Antitrust Regimes for International Air Transport (November 15, 2018). Harmonising Regulatory and Antitrust Regimes for International Air Transport Abingdon, New York: Routledge 2019. Available at SSRN: https://ssrn.com/abstract=3336681

Jan Walulik (Contact Author)

Centre for Antitrust and Regulatory Studies, Faculty of Management, University of Warsaw ( email )

Szturmowa Street 1/3
Warsaw, 02-678
Poland

HOME PAGE: http://https://www.cars.wz.uw.edu.pl/laboratories-02.html

Warsaw School of Economics ( email )

Poland

HOME PAGE: http://uczelnia.sgh.waw.pl/en/Pages/default.aspx

Independent ( email )

HOME PAGE: http://walulik.aero

Shadi Alshdaifat

University of Sharjah ( email )

University City Road
P. O. Box 27272
Sharjah, 27272
United Arab Emirates

Elena Carpanelli

Independent ( email )

No Address Available

Paul Stephen Dempsey

McGill University - Faculty of Law ( email )

3690 Peel Street
Montreal, Quebec H3AIW9
Canada

Peter P.C. Haanappel

University of Leiden ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

Bashar H. Malkawi

College of Law University of Sharjah ( email )

University City Road
P. O. Box 27272
Sharjah, 27272
United Arab Emirates

Pablo Mendes de Leon

Leiden Law School ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

Frans Gerhard Von der Dunk

University of Nebraska College of Law ( email )

103 McCollum Hall
P.O. Box 830902
Lincoln, NE 68583-0902
United States

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