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 10th 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 transferring its entire business from one entity, 

Iberia Líneas Aéreas de España, S.A. (“Old Iberia”) to a new entity, Iberia Líneas Aéreas 

de España Sociedad Anónima Operadora (“New Iberia”) 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 its foreign air carrier permit and related 

authorizations.2

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

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

would stand in the shoes of Old Iberia with 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 13th letter from Iberia’s counsel in the dockets, 

and we will serve this order on interested parties. 

ACCORDINGLY: 

We amend ordering paragraphs 1, 6, and 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 Iberia 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, Attorneys for Iberia, to Todd M. Homan, 

Director, DOT Office of Aviation Analysis (Jan. 13, 2011). 

4 Effective January 20, 2011, the Department considers 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) 

An electronic version of this document is available at http://www.regulations.gov