I 
111TH CONGRESS 
1ST SESSION 
H. R. 831 
To direct the Comptroller General to conduct a study of the legal require-
ments and policies followed by the Department of Transportation in 
deciding whether to approve international alliances between air carriers 
and foreign air carriers and grant exemptions from the antitrust laws 
in connection with such international alliances, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 3, 2009 
Mr. OBERSTAR introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To direct the Comptroller General to conduct a study of 
the legal requirements and policies followed by the De-
partment of Transportation in deciding whether to ap-
prove international alliances between air carriers and 
foreign air carriers and grant exemptions from the anti-
trust laws in connection with such international alliances, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. ANTITRUST EXEMPTIONS. 
(a) STUDY.—The Comptroller General shall conduct 
a study of the legal requirements and policies followed by 
the Department in deciding whether to approve inter-
national alliances under section 41309 of title 49, United 
States Code, and grant exemptions from the antitrust laws 
under section 41308 of such title in connection with such 
international alliances. 
(b) ISSUES TO BE CONSIDERED.—In conducting the 
study under subsection (a), the Comptroller General, at 
a minimum, shall examine the following: 
(1) Whether granting exemptions from the anti-
trust laws in connection with international alliances 
has resulted in public benefits, including an analysis 
of whether such benefits could have been achieved by 
international alliances not receiving exemptions from 
the antitrust laws. 
(2) Whether granting exemptions from the anti-
trust laws in connection with international alliances 
has resulted in reduced competition, increased prices 
in markets, or other adverse effects. 
(3) Whether international alliances that have 
been granted exemptions from the antitrust laws 
have implemented pricing or other practices with re-
spect to the hub airports at which the alliances oper-
ate that have resulted in increased costs for con-
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sumers or foreclosed competition by rival (nonalli-
ance) air carriers at such airports. 
(4) Whether increased network size resulting 
from additional international alliance members will 
adversely affect competition between international 
alliances. 
(5) The areas in which immunized international 
alliances compete and whether there is sufficient 
competition among immunized international alliances 
to ensure that consumers will receive benefits of at 
least the same magnitude as those that consumers 
would receive if there were no immunized inter-
national alliances. 
(6) The minimum number of international alli-
ances that is necessary to ensure robust competition 
and benefits to consumers on major international 
routes. 
(7) Whether the different regulatory and anti-
trust responsibilities of the Secretary and the Attor-
ney General with respect to international alliances 
have created any significant conflicting agency rec-
ommendations, such as the conditions imposed in 
granting exemptions from the antitrust laws. 
(8) Whether, from an antitrust standpoint, re-
quests for exemptions from the antitrust laws in 
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connection with international alliances should be 
treated as mergers, and therefore be exclusively sub-
ject to a traditional merger analysis by the Attorney 
General and be subject to advance notification re-
quirements and a confidential review process similar 
to those required under section 7A of the Clayton 
Act (15 U.S.C. 18a). 
(9) Whether the Secretary should amend, mod-
ify, or revoke any exemption from the antitrust laws 
granted by the Secretary in connection with an 
international alliance. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Comptroller General shall 
submit to the Secretary of Transportation, the Committee 
on Transportation and Infrastructure of the House of 
Representatives, and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
results of the study under subsection (a), including any 
recommendations of the Comptroller General as to wheth-
er there should be changes in the authority of the Sec-
retary under title 49, United States Code, or policy 
changes that the Secretary can implement administra-
tively, with respect to approving international alliances 
and granting exemptions from the antitrust laws in con-
nection with such international alliances. 
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(d) 
ADOPTION
OF
RECOMMENDED
POLICY 
CHANGES.—Not later than one year after the date of re-
ceipt of the report under subsection (c), and after pro-
viding notice and an opportunity for public comment, the 
Secretary shall issue a written determination as to wheth-
er the Secretary will adopt the policy changes, if any, rec-
ommended by the Comptroller General in the report or 
make any other policy changes with respect to approving 
international alliances and granting exemptions from the 
antitrust laws in connection with such international alli-
ances. 
(e) SUNSET PROVISION.— 
(1) IN GENERAL.—An exemption from the anti-
trust laws granted by the Secretary on or before the 
last day of the 3-year period beginning on the date 
of enactment of this Act in connection with an inter-
national alliance, including an exemption granted be-
fore the date of enactment of this Act, shall cease 
to be effective after such last day unless the exemp-
tion is renewed by the Secretary. 
(2) TIMING
FOR
RENEWALS.—The Secretary 
may not renew an exemption under paragraph (1) 
before the date on which the Secretary issues a writ-
ten determination under subsection (d). 
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