Canada regulator gets court orders against Air Canada, WestJet in bid for market info

By | October 6, 2024

OTTAWA, Oct 3 (Reuters) – Canada’s antitrust regulator said on Thursday it had obtained court orders to seek information from Air Canada (AC.TO), opens new tab and WestJet for a market study into competition in the country’s airline industry.
The court orders require the airlines to share information on the state of competition, barriers to entry in the sector as well as agreements with airports, Canada’s Competition Bureau said in a statement.
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On October 3, 2024, the Canadian Competition Bureau announced that it had obtained court orders compelling two of the country’s largest airlines, Air Canada and WestJet, to provide detailed information on competition and market dynamics within the Canadian airline industry. The Bureau’s actions are part of a larger market study aimed at assessing the competitive landscape in the sector, identifying barriers to entry, and scrutinizing the relationships between airlines and airports.

The move signals a growing concern over the level of competition in Canada’s airline industry, a sector that has long been dominated by a small number of key players, raising questions about pricing, service quality, and consumer choice. By issuing these court orders, the Competition Bureau aims to gather critical data that could shed light on whether existing market conditions are serving Canadian travelers fairly, or if more regulatory interventions are necessary to promote healthy competition.

The Role of Canada’s Competition Bureau

The Canadian Competition Bureau is tasked with ensuring that markets remain competitive and free from anti-competitive practices that could harm consumers and businesses. In industries like air travel, where market concentration is high, it plays a crucial role in monitoring industry practices to prevent monopolies or duopolies from restricting market entry or unfairly raising prices.

Through this investigation, the Bureau is specifically looking into potential barriers to entry for new players in the airline industry. These barriers could take many forms, such as the complexity and cost of establishing new routes, securing access to airport facilities, or negotiating competitive agreements with airports.

The fact that the Bureau has taken the significant step of obtaining court orders indicates that it sees potential issues in the current market structure that warrant a deeper examination. The study could lead to recommendations for policy changes, or in some cases, enforcement actions to correct anti-competitive behaviors.

Air Canada, the country’s largest airline, and WestJet, the second largest, dominate domestic air travel. Together, these two companies control a significant share of the market, which has prompted concerns about the lack of sufficient competition to drive down prices or encourage innovation.

In recent years, some smaller airlines, such as Flair and Porter Airlines, have sought to carve out market share by offering no-frills or regionally focused services. However, their impact on the overall market has been limited compared to the dominance of Air Canada and WestJet. This imbalance raises the question of whether these smaller competitors face insurmountable challenges due to entrenched market power, existing infrastructure arrangements, or other factors that limit their ability to expand.

Healthy competition in the airline industry is essential for several reasons. First, it tends to drive down prices, making air travel more accessible to a wider range of consumers. In markets where there are multiple competitors, airlines often compete on price, service quality, and flight frequency, all of which benefit travelers. Without competition, airlines could raise prices without fear of losing customers, as travelers have fewer alternatives.

Moreover, competition fosters innovation. Airlines that face significant competition are more likely to improve their service offerings, whether by introducing more direct flights, enhancing in-flight experiences, or adopting newer, more fuel-efficient aircraft. Innovation in the airline industry not only improves the passenger experience but also contributes to environmental sustainability, as airlines with newer fleets tend to have lower carbon footprints.

Another critical aspect of competition is its role in regional development. Smaller cities and remote areas often rely on air travel as a lifeline, connecting them to larger economic centers. If only a few airlines dominate the market, these routes may be underserved or overpriced, limiting economic growth in these regions. By encouraging more competition, the Bureau’s investigation could lead to better service and more reasonable fares for travelers in less densely populated areas.

One of the key focuses of the Competition Bureau’s investigation is the potential barriers to entry that may prevent new airlines from entering the Canadian market or expanding their services. These barriers can take
several forms:

1. Regulatory Hurdles: Starting an airline requires navigating a complex web of regulations, from safety standards to environmental compliance. While these regulations are necessary to ensure safe and reliable air travel, they can also impose significant costs on new entrants.

2. Access to Airport Facilities: Securing gates, slots, and other facilities at major airports can be a challenge for new airlines. Larger airlines, with their established relationships and long-term contracts, may have an advantage in negotiating favorable terms with airports, leaving little room for new competitors.

3. Fleet Costs: Aircraft are expensive to purchase and maintain. Established airlines with large fleets can benefit from economies of scale, while new entrants may struggle to compete on cost. Leasing aircraft can help reduce the initial capital outlay, but it may still be a barrier for smaller or start-up airlines.

4. Consumer Loyalty Programs: Larger airlines often have well-established loyalty programs that encourage repeat business. For example, Air Canada’s Aeroplan and WestJet’s WestJet Rewards incentivize customers to stick with a particular airline, making it harder for new entrants to attract customers.

5. Industry Consolidation: Globally, the airline industry has seen significant consolidation, with mergers and alliances becoming more common. This trend can reduce competition by concentrating market power in the hands of a few large players. While consolidation can lead to operational efficiencies, it can also make it harder for new competitors to gain a foothold.

The outcome of this investigation could have far-reaching implications for the Canadian airline industry and, more broadly, for competition policy in other sectors. If the Bureau finds that Air Canada and WestJet have engaged in anti-competitive practices, it could lead to regulatory changes designed to level the playing field for smaller airlines or new entrants.

The investigation may also lead to more scrutiny of the relationships between airlines and airports. In some cases, airports may have exclusive contracts or preferential arrangements with certain airlines, making it difficult for others to compete. Addressing these issues could encourage more competition, leading to lower fares and better service for consumers.

Moreover, the findings of this study could influence international perceptions of Canada’s approach to competition in regulated industries. Other countries facing similar challenges with airline industry consolidation might look to Canada’s investigation as a case study for how to promote competition in a heavily regulated sector.

As Canada’s Competition Bureau continues its investigation into the airline industry, its findings could reshape the future of air travel in the country. By examining the competitive dynamics between Air Canada, WestJet, and smaller airlines, the Bureau aims to ensure that the market remains open, competitive, and fair for both businesses and consumers. In an industry where competition drives innovation, service improvements, and fair pricing, this investigation could have a profound impact on the accessibility and quality of air travel in Canada.

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