Order 2011-3-1 Served: March 10, 2011



### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 10 th Day of March 2011

Joint Application of:

AMERICAN AIRLINES, INC.

BRITISH AIRWAYS PLC

FINNAIR OYJ IBERIA LÍNEAS AÉREAS DE ESPAÑA, S.A.

ROYAL JORDANIAN AIRLINES

Under 49 U.S.C. §§ 41308-41309 for approval of and antitrust immunity for alliance agreements Docket DOT-OST-2008-0252

Joint Application of:

IBERIA LÍNEAS AÉREAS DE ESPAÑA, S.A.

and IBERIA LÍNEAS AÉREAS DE ESPAÑA SOCIEDAD ANÓNIMA OPERADORA

for transfer of Foreign Air Carrier Permit and related authorizations pursuant to 49 U.S.C. §

41303 Docket DOT-OST-2010-0283

ORDER

The above-captioned carriers are members of an alliance that was approved and granted antitrust immunity in July 2010. 1

1 See Order 2010-7-8 (July 20, 2010), Docket DOT-OST-2008-0252.2 One of the carriers, Iberia of Spain, is tran sferring its entire business from one entity, Iberia Líneas Aéreas de España, S.A. (“Old Ib eria”) to a new entity, Iberia Líneas Aéreas de España Sociedad Anónima Operadora (“New Ib eria”) as part of a merger. The details of the transaction are provided in the public proceeding in which the Department has approved Iberia’s request to transfer it s foreign air carrier permit and related

authorizations. 2

On January 13, Iberia’s counsel sent a lett er to the Department, providing an update

on the status of the transfer. Counsel stat ed that, effective January 20, 2011, New Iberia

would stand in the shoes of Old Iberia w ith respect to the latter’s existing business arrangements, including the alliance and joint business arrangements that were examined in the antitrust immunity proceeding. 3

Based upon this information, we are making a technical change in Iberia’s antitrust immunity to reflect the updated and correct legal name of the company. The change

allows New Iberia to become the holder of the authority, effective January 20, 2011. We

find that the transfer of Iberia’s assets to a new entity raises no new competitive or policy issues. Thus, the findings and conclusions in Order 2010-7-8 remain valid, and the antitrust immunity remains in effect.

We are placing a copy of the January 13 th letter from Iberia’s counsel in the dockets, and we will serve this order on interested parties.

ACCORDINGLY:

We amend ordering paragraphs 1, 6, a nd 8 of Order 2010-7-8 by striking the phrase “Iberia Líneas Aéreas de España, S.A.” and inserting in its place “Iberia Líneas Aéreas de España, S.A. or Iber ia Líneas Aéreas de España Sociedad Anónima Operadora”. 4

2 See Order 2011-1-3 (Jan. 6, 2011), Docket DOT-OST-2010-0283. Among other things, the order granted New Iberia an exemption to permit the carrier to continue serving the United States, pending the issuance of a new foreign air carrier permit. No parties filed any comments in the proceeding.

3 Letter from William Karas and Carol Gosain, A ttorneys for Iberia, to Todd M. Homan, Director, DOT Office of Aviation Analysis (Jan. 13, 2011).

4 Effective January 20, 2011, the Department cons iders the term “Joint Applicants,” as used in the orders in Docket DOT-OST-2008-0252, to include New Iberia.3 By:

SUSAN L. KURLAND Assistant Secretary for Aviation

and International Affairs

(SEAL)

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