Brussels, 05/02/2001 (Agence Europe) - The European Commission sent to the airlines SAS and Maersk Air a statement of objections in which it puts forward its fears concerning their agreement which, according to it, infringes competition rules. By agreeing to share markets, the two companies in fact violate Article 81 of the Treaty concerning agreements.
In March 1999, the Scandinavian companies SAS and Maersk had asked the Commission to authorise a co-operation agreement implemented since 28 March 1999. Following the preliminary investigation that followed the notification and inspection by the Commission carried out in June 2000 at the headquarters of the two companies and at A.P. Moller (mother company of Maersk Air), it appears that this cooperation covers a wider scope than that notified by the parties. On the basis of its investigation that Commission feels in fact that SAS and Maersk Air concluded a global agreement to share the market according to which Maersk Air would not operate new international connections from Copenhagen unless on request or with the express authorisation from SAS. Inversely, SAS will not will not operate on the connections that Maersk operates from Jutland or Copenhagen. The two companies also agreed over a sharing of national connections. Furthermore, the Commission discovered that SAS and Maersk had concluded specific market sharing agreements with regards to certain international connections (Copenhagen-Stockholm; Copenhagen-Venice; Bullund-Frankfurt), forcing customers to use the only remaining company SAS or Maersk Air depending upon the flight concerned, while previously they had the choice between either party. This absence of choice can thus be translated into an increase in prices for passengers. Thus the Commission feels that this behaviour infringes Article 81 of the Treaty, which bans agreement between companies and the practices concerned having an object or an anti-competitive effect and, given the seriousness of these infringements it is considering imposing a fine on the companies. The latter now have two months to answer in writing.