A Study On The Legal Issues Of Antitrust Immunity In The International Airline Joint Venture

In the context of strict restrictions on cross-border mergers and acquisitions in the airline's nationality clause,the airlines have privately explored the construction of international joint venture.The international joint venture belongs to the new high-standard commercial cooperation mode,which avoids investment barriers by means of trade and results,and has the legal effect of "quasi-merger".The international joint venture has triggered a drastic change in the structure of the global air transport market,and has established a joint system of two major international routes,transatlantic and transpacific,to varying degrees.At this stage,the international airline joint venture constitutes both "intra-industry alliances" and can be applied outside the traditional alliances,and their independence characteristics are increasingly apparent.Metal neutrality is the most distinctive feature of the recent international airline joint venture,and the revenue or profits sharing mechanism that facilitates the deep virtual integration of it.Different from traditional contract-type joint ventures,international airline joint venture partners maintain their independent legal status and integrate and cooperate under the guidance of double-tier affiliates.As a potential anti-trust agreement,international airline joint ventures agreements often need to face pre-existing or post-existing antitrust immunity.There are faits in the world where the vast majority of international airline joint venture and open skies are integrated.In the United States,the anti-trust law is the link,and the opening of the sky has become a prerequisite for international airlines.However,this is only the product of the escort of American foreign police and anti-trust law.There is no inevitable legal logic and no evolution as to be universal rule of thumb.The legal definition of "related market" is the first step in the anti-trust law system.The understanding and cognition of"related markets" in various countries shows a trend of polarization.Competitive assessment and public interest analysis are two gradient legal standards that determine whether there is competitive harm in international airline joint ventures.For international airlines that have a competitive order in the international air transport market,remedial measures such as the release of flight schedules may be required to comply with the anti-trust law.China's participation in the international airline joint venture has the characteristics of small scope,few partners,fragmentation and experimental nature,China's anti-trust law enforcement investigation model has institutional obstacles and administrative inaction problems.In the future,it should actively participate in a wider scope and deeper level according to national conditions.Joint international airlines,rationally change the air rights exchange system,and improve the anti-trust legal system and exemption system.