David Heffernan will be speaking on a panel presented by the Canadian Bar Association. The airline industry has faced its fair share of struggles, particularly in recent times – and withstanding scrutiny from the Competition Bureau has frequently been one of them, whether in respect of transactions or other forms of reviewable conduct. For this discussion, panelists from Canada and the United States and from both the private and public sectors will share their experience, insight and perspectives on airline-specific competition issues. The following topics will be of focus:
• How airline transactions are jointly assessed by the Competition Bureau and Transport Canada;
• The new airline joint venture approval process and how it interacts with the merger review process;
• Practical experience and advice for getting an airline deal through the review process, including common pitfalls and missteps; and
• Points of contrast and insight from the U.S. experience, including the U.S. Department of Transportation antitrust immunity process.
The panel will close with a discussion of the impact of COVID-19, “failing-firm” considerations, and potential recovery options as airlines navigate this turbulent time.