DOT ORDER REQUESTS ADDITIONAL INFORMATION REGARDING DELTA AND LATAM ANTITRUST IMMUNITY APPLICATION
June 21, 2021
On May 25, 2021, DOT issued an Order (2021-5-15) requesting additional information from Delta Air Lines, Inc. (Delta) and LATAM Group S.A. (LATAM) in regards to their joint application for antitrust immunity. Delta and LATAM originally filed a joint application for antitrust immunity in June 2020 regarding a joint venture agreement to combine their networks between North and South America. In July 2020, DOT suspended the procedural schedule to allow additional time to examine the record and to determine if it was substantially complete. After additional documents were submitted by Delta and LATAM, DOT requested additional information from the parties in February 2021. After reviewing Delta and LATAM’s application and supplemental documentation, DOT determined that further information was still required to continue the evaluation of the application, which included: i) Delta and LATAM’s plans absent immunity; ii) impact of the COVID-19 pandemic on current and future operations; iii) relationships between Delta and LATAM’s various affiliates; and iv) any updated plans available since the original filing. DOT also reminded Delta and LATAM of the importance of discussing the merits of the application on the public record and recommended against unnecessarily broad redactions of supplementary documents.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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