An Analysis On Airline Alliance Antitrust Immune Legal System

There are three major airline alliances in the world now,which are STAR ALLIANCE,SKYTEAM and ONEWORLD.The members of airline alliances need the antitrust immunity of related state to expand business.However,China is still faced with the lack of legal system towards airline alliance antitrust immunity.In the United States,the Department of Transportation possesses the authority to grant antitrust immunity,while the Department of Justice can also take antitrust review,ultimately to ensure the alliance antitrust immunity granting not only respect the traditional ways of economic analysis,but also consider about national policy and the international environment.In the European Union,the European commission takes antitrust immunity review on the basis of given regulations that focus on if the specific behavior could eliminate competition.At present,China has no specific laws on airline alliance antitrust immunity system,however,it’s important and necessary for Chinese airlines to enter the world’s leading airline alliance to enhance international competitiveness,so China should draw lessons from foreign advanced system and combined it with Chinese national conditions,constructing alliance antitrust immunity system,applying the case filing system,running it under the leadership of the state council.And there should start a meeting consist of the anti-monopoly enforcement authority and the national civil aviation administration,which both take part in the procedure of alliance antitrust immunity granting.