항공사 간 조인트벤처의 경쟁법적 규제에 관한 연구

초록

Since the 1990s, major airlines, including Korean airlines, have actively entered into alliance agreements with other airlines to cope with the rapid changes in the global aviation market. Alliance agreements between airlines are at various levels, ranging from the lowest-level interlining service agreement to merger-like integration, such as joint ventures that share revenues and costs, or benefits. The alliance agreement between airlines is a typical non-hardcore collaborative act that is distinguished from price fixing or bid rigging under the competition law. It is generally accepted that the efficiency enhancement effect such as economies of scope is likely to offset the anticompetitive effect, in case of the airline alliance agreement. However, many joint ventures that have recently been signed by airlines create a considerable degree of anticompetitve concern. In particular, the joint venture among airlines, which hold a strong market position on the route can raise serious anticompetitive concerns. In reviewing a joint venture between airlines, it is important to evaluate the added efficiency and consumer benefits that can only be achieved through such high level integration, in addition to them which can be achieved through ordinary code sharing or low-level alliance between carriers, and to compare them with its anticompetitive effect. In the event that a joint venture between airlines is likely to cause serious anticompetitive effect, remedies such as carve-outs and/or slot divestitures may be effective to realize the consumer benefits expected from the joint venture but to prevent its anticompetitive effect.

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