BAKGRUNN (fra kommisjonsbeslutningen)

(1) In its decision of 30 March 2012 (‘the Merger Decision’) (4), the Commission declared compatible with the internal market and the EEA Agreement, subject to remedies (‘the Commitments’), the acquisition of the UK airline British Midlands Limited (‘bmi’), by the International Consolidated Airlines Group (‘IAG’), the holding company of British Airways, Iberia, Aer Lingus, Vueling and Level.

(2) The main aspect of the Commitments is the release and transfer of a number of Slots (5) at London Heathrow airport (‘LHR’), to be operated by Prospective Entrants on the routes London-Aberdeen, London-Edinburgh, London-Nice, London-Moscow (6), London-Cairo, and London-Riyadh. In addition, IAG committed to carry connecting passengers to feed the long-haul flights of competing airlines out of LHR. In this respect, the Commitments allow IAG’s competitors on long haul routes to enter into Special Prorate Agreements with IAG. Other aspects of the Commitments concern, inter alia, fare combinability and frequent flyer programs.

(3) The Commitments are of an unlimited duration and will remain in force as long as there is no change to the competitive situation in the relevant markets, justifying a waiver of the Commitments, and are implemented with the support of a Monitoring Trustee.

(4) Over the years since the adoption of the Merger Decision, Slots were awarded to a number of Prospective Entrants pursuant to the Commitments. Currently, Slots are still available and are being offered to Prospective Entrants in advance of each IATA Season (that is the winter and summer seasons used by IATA and the airline industry in general).