Economics
The situation in the European air cargo industry bears many hallmarks of a cartel, and this was the finding of the European Commission. The OECD (2002) defines a cartel as "a formal agreement among firms in an oligopolistic industry…on matters such as price, total industry output, market shares, allocation of customers, allocation of territories, bid-rigging, division of profits or the establishment of common sales agencies." The main difference between this definition and the behavior of the airlines in question is that the industry is not oligopolistic in the true sense of the word. In an oligopoly, there are only handful of industry players, so any such collusion as indicated in the definition of a cartel would serve to disrupt market forces to the benefit of the companies within the oligopoly. In air freight, however, the prevailing market condition was that of monopolistic competition. This makes is harder to prove a case of cartel behavior -- effectively the members of the cartel would need a collective market share so high that their behavior dominated the market. Thus, the main assumptions of a cartel are that it will control the terms of trade in the market, and that this will serve to benefit the members of the cartel.
The European air freight industry is interesting in that for the most part any individual route will only be served by one or two airlines, thereby created oligopolistic conditions. For the continent as a whole, no such conditions exist but for most point-to-point matches such conditions do exist. However, there are other competitors including discount airlines, courier services such as DHL, FedEx and UPS, domestic postal services and other forms of transportation. The issue, however, is that some of the courier and postal services may use air freight space on commercial airlines in order to ship the goods, meaning that on some route combinations there is little alternative to break the oligopoly. It is also worth considering that while land-based options are available on short-distance routes, there are many longer-distance routes that can only be served by the air freight industry for rapid movement of goods, for example Athens-Stockholm or Warsaw-Madrid or other such longer-distance low-volume route.
The European Commission was able to prove a case of cartel behavior to its satisfaction in this situation. There were a total of thirteen European airlines cited in the case, among them British Airways, Air France, KLM and SAS (Chee, 2010). Total fines for the entire cartel were expected to be within the $1 billion range (Shore, 2010). In total, 11 carriers were fined, although more were investigated. The total fine reached €799 (Europa, 2010). The airlines fined spanned the globe and included in addition to the ones named above Air Canada, Martinair, Cargolux, Cathay Pacific, Japan Airlines, LAN Chile, Qantas, Singapore Airlines and Lufthansa. It is worth noting that many of these airlines are located in the world's least corrupt countries -- Hong Kong, Singapore, Canada, Australia and Sweden, which makes the charges even more surprising.
The points of claim with respect to cartel behavior were as follows. The European Commission noted that the airlines in question coordinated their charges for fuel and security surcharges over a period of six years. The airlines in question never offered discounts for these surcharges, meaning that their pricing behavior was tightly coordinated. The airlines in question contacted each other in order to "ensure that worldwide air freight carriers imposed a flat rate surcharge per kilo on all shipments. The second step of the cartel behavior was with respect to the security surcharge, and this was fixed in the same manner as the fuel surcharge. The third step in the cartel behavior was with respect to the refusal by all airlines to pay a commission on surcharges to their clients, those being the freight forwarders who use the airlines' flights to move goods (Europa, 2010).
The Commission charges that the agreements on fuel and security surcharges constituted price fixing. The agreement not to pay commission to the freight forwarders for collecting the surcharges served to prevent the freight forwarders from using price as a means of introducing competition to the market. No single freight forwarder would have a price advantage over the others, meaning that there is a reasonable expectation that prices to customers would vary little. The Commission notes that it had also investigated 11 other airlines and a consulting firm, but been unable to...
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