EU Competition Law Developments in the Aviation Sector from 1 January 2012 to 26 July 2012

The first part of 2012 has been relatively quiet in terms of competition law activity in the aviation sector, although this period finally brings us the European Commission's (the 'Commission') published decision in the Olympic Air / Aegean merger prohibition, the Commission's published clearance decision in the IAG / BMI merger, and a Commission decision in the freight forwarding cartel investigation. There has been an increase in merger activity in the aviation sector over the past few months, although most of these are still awaiting a decision by the Commission. This article first summarizes any relevant judgments of the European Courts(1), and those judgments which are still pending, as well as any decisions and ongoing investigations by the Commission which occurred during the period under review. It then considers in further detail some of the more significant cases and important themes arising therefrom, and in particular the Commission decisions in the Olympic Air / Aegean merger and the IAG / BMI merger, in addition to the freight forwarding cartel decision.