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Date
Rule
801.2, FI 14
Staff
Michael Verne
Response/Comments
Yes -airline industry transactions are reviewed by DOJ. If the deal is a cooperative agreement (e.g. a code sharing arrangement), no HSR filing is required because it is a contractual arrangement, not an acquisition.

Question

From: (redacted)
Sent: Tuesday, September 09, 2008 10:51 AM
To: Verne, B. Michael
Subject: airline matter

Dear Mike,

I want to confirm that Formal Interpretation14 is still correct, and that an airline industry transaction that is seeking antitrustapproval from the Department of Transportation must still file under HSR andobserve the waiting period, provided that the thresholds are met.

Also, if the transaction is a cooperative agreementrather than a purchase or merger, it is possible that no HSR filing would berequired, if no one party is acquiring assets or voting securities of another,correct?

Much appreciated

About Informal Interpretations

Informal interpretations provide guidance from previous staff interpretations on the applicability of the HSR rules to specific fact situations. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice.

Learn more about Informal Interpretations.

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