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

By | October 8, 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.

Canada’s Competition Bureau Probes Airline Industry for Antitrust Concerns

Ottawa, Oct 3 (Reuters) – Canada’s Competition Bureau has launched an in-depth investigation into the state of competition within the nation’s airline industry, focusing particularly on major carriers Air Canada (AC.TO) and WestJet. The regulator obtained court orders requiring these airlines to provide crucial information for a market study, as part of its ongoing efforts to examine and ensure competitive practices within the sector.

This latest investigation by the Competition Bureau is aimed at analyzing several key aspects of the Canadian airline market, including the level of competition, barriers to entry, and agreements between airlines and airports. The data provided by Air Canada and WestJet will help the Bureau assess whether any anti-competitive behavior is occurring, and whether the current market conditions are detrimental to consumers in terms of pricing, service quality, and overall choice.

Market Study to Examine Key Competitive Concerns

Canada’s airline industry has long been dominated by a few key players, particularly Air Canada and WestJet, which together command a large share of the domestic and international air travel market. Smaller regional airlines and newer entrants have historically struggled to gain a foothold in the industry, largely due to high costs, limited access to airport infrastructure, and regulatory hurdles.

The Competition Bureau’s study will delve into these issues, with the goal of understanding the extent to which such barriers are inhibiting competition. In particular, the Bureau will investigate whether agreements between airlines and major Canadian airports could be limiting the ability of new entrants to establish themselves in the market. Such agreements often pertain to gate allocations, takeoff and landing slots, and other infrastructure considerations that can heavily influence an airline’s ability to operate efficiently.

“This investigation is crucial to ensuring that Canada’s airline industry remains competitive and that consumers benefit from lower prices and improved service,” said a spokesperson from the Competition Bureau. “Our goal is to identify any potential issues that may be stifling competition and to propose solutions that will foster a more dynamic market.”

History of Competition Issues in Canadian Aviation

This is not the first time Canada’s airline industry has come under scrutiny for competition-related concerns. In recent years, several smaller airlines have raised alarms about what they perceive to be monopolistic practices by the country’s two dominant carriers, particularly when it comes to access to key routes and airport facilities.

For example, when WestJet first entered the market in the mid-1990s, it faced considerable challenges in securing landing slots at major Canadian airports. At the time, Air Canada had long been the dominant player, enjoying significant advantages in terms of fleet size, infrastructure access, and financial resources. Despite these obstacles, WestJet eventually grew to become a major competitor, offering low-cost alternatives to Air Canada’s routes and expanding its presence both domestically and internationally.

However, newer entrants like Flair Airlines and Lynx Air have encountered similar challenges in recent years, leading to calls for regulatory reforms to make it easier for smaller players to compete. Flair, for example, has accused larger airlines of using their dominance to secure prime airport slots and prevent competitors from gaining a meaningful presence in key markets.

The Canadian airline market is also unique in that it is characterized by long-haul domestic routes that are often served by only one or two carriers. This has led to concerns about limited competition on certain routes, particularly in rural and remote areas where travelers may have few, if any, alternative options.

Barriers to Entry: A Persistent Challenge

One of the key factors contributing to the lack of competition in Canada’s airline industry is the significant barriers to entry that new airlines face. Starting an airline is an incredibly capital-intensive endeavor, requiring not only a large fleet of aircraft but also access to vital airport infrastructure, maintenance facilities, and skilled personnel.

Additionally, Canadian regulations impose strict safety and operational requirements on new entrants, further adding to the costs and complexity of establishing a new airline. These challenges are compounded by the fact that the Canadian market, with its relatively small population spread across a vast geographic area, may not offer enough demand to support a large number of competing airlines.

The Competition Bureau’s study will examine these barriers in detail, seeking to understand whether they are primarily a result of market forces or if certain practices by incumbent airlines are contributing to the problem. For example, exclusive agreements between airlines and airports could be preventing new entrants from accessing key infrastructure, while frequent flyer programs and other customer loyalty schemes may be making it harder for smaller airlines to attract customers away from established carriers.

Consumer Impact: Fares and Service Quality

For Canadian consumers, the stakes in this investigation are high. Airline ticket prices in Canada have long been a source of frustration for travelers, with many complaining that domestic fares are significantly higher than in other countries with comparable markets. A lack of competition on certain routes has also been linked to reduced service quality, as passengers often have little recourse if they are dissatisfied with their options.

In recent years, the rise of ultra-low-cost carriers (ULCCs) like Flair Airlines and Swoop (a subsidiary of WestJet) has introduced some price competition on select routes, but these carriers have also faced criticism for offering limited services and charging extra fees for basic amenities like carry-on luggage and seat selection.

The Competition Bureau’s investigation could lead to policy recommendations aimed at fostering greater competition, which could in turn result in lower fares and improved service quality across the board. One potential outcome could be increased regulatory oversight of airport agreements and infrastructure access, ensuring that new entrants have a fair chance to compete with established players.

Looking Ahead: Possible Outcomes of the Investigation

While it remains to be seen what specific findings will emerge from the Competition Bureau’s investigation, the potential implications for Canada’s airline industry are significant. If the study reveals anti-competitive practices or identifies areas where competition is being stifled, it could lead to regulatory changes aimed at leveling the playing field for all carriers.

One possibility is that the Bureau could recommend reforms to the way airport slots and infrastructure are allocated, ensuring that smaller airlines have fair access to these critical resources. Alternatively, the Bureau may call for increased scrutiny of partnerships and alliances between airlines, particularly when these agreements appear to limit competition on certain routes.

For travelers, the hope is that the investigation will lead to a more competitive market that offers greater choice, lower fares, and improved service quality. However, any regulatory changes would likely take time to implement, meaning that any immediate impacts on the industry may not be felt for several years.

As the Competition Bureau continues its work, both industry insiders and consumers alike will be watching closely to see what steps the government may take to ensure that Canada’s airline industry remains competitive and fair for all.

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