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S. 806

Airline Competition Act of 1987

(Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 100-61)

Airline Competition Act of 1987 - Amends the Federal Aviation Act of 1958 to terminate on October 1, 1987 (currently, January 1, 1989) the authority of the Secretary of Transportation to approve and exempt from the antitrust law airline agreements relating to interstate and overseas air transportation. Prohibits conduct pursuant to orders and exemptions granted under such authority prior to October 1, 1987, from being subject to the antitrust laws.

Terminates, upon enactment of this Act, the Secretary's authority to exempt from the antitrust laws transactions relating to airline mergers and acquisitions and interlocking directorates among airlines. (Current law terminates such authority on January 1, 1989.) Provides that rights, duties, and obligations arising pursuant to proceedings commenced before the Department of Transportation prior to April 1, 1987 or final orders adopted prior to enactment of this Act by the Secretary or the Civil Aeronautics Board with regard to such transactions, shall be adjudicated and administered as if such authority had not been terminated.

Amends the Clayton Act to prohibit any air carrier or foreign air carrier that is subject to the Federal Aviation Act of 1958, any person controlling such carriers, any other common carrier, or any person substantially engaged in the aeronautics business from acquiring the stocks or assets of one or more persons engaged in commerce where the effect of such acquisition may substantially lessen competition or tend to create a monopoly.

Terminates the authority of the Secretary to enforce the antitrust provisions of the Clayton Act with respect to air carriers and foreign air carriers who are subject to the Federal Aviation Act of 1958. Excludes such carriers from the antitrust authority of the Federal Trade Commission.

Placed on Senate Legislative Calendar under Subjects on the Table.

Sen. Metzenbaum, Howard M. [D-OH](D-OH)Sponsor
1 cosponsor1 R
1cosponsors1committees8actions10subjects
  1. Calendars

    Placed on Senate Legislative Calendar under Subjects on the Table.

  2. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 137.

  3. Committee

    Committee on Judiciary. Reported to Senate by Senator Byrd for Senator Biden with an amendment. With written report No. 100-61. Additional views filed.

    Judiciary Committee
  4. Committee14000

    Committee on Judiciary. Reported to Senate by Senator Byrd for Senator Biden with an amendment. With written report No. 100-61. Additional views filed.

    Judiciary Committee
  5. Committee

    Committee on Judiciary. Ordered to be reported with an amendment favorably.

    Judiciary Committee
  6. Floor

    Star Print ordered S. 806.

  7. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  8. IntroReferral10000

    Introduced in Senate

May 29, 198701
(Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 100-61)

Airline Competition Act of 1987 - Amends the Federal Aviation Act of 1958 to terminate on October 1, 1987 (currently, January 1, 1989) the authority of the Secretary of Transportation to approve and exempt from the antitrust law airline agreements relating to interstate and overseas air transportation. Prohibits conduct pursuant to orders and exemptions granted under such authority prior to October 1, 1987, from being subject to the antitrust laws.

Terminates, upon enactment of this Act, the Secretary's authority to exempt from the antitrust laws transactions relating to airline mergers and acquisitions and interlocking directorates among airlines. (Current law terminates such authority on January 1, 1989.) Provides that rights, duties, and obligations arising pursuant to proceedings commenced before the Department of Transportation prior to April 1, 1987 or final orders adopted prior to enactment of this Act by the Secretary or the Civil Aeronautics Board with regard to such transactions, shall be adjudicated and administered as if such authority had not been terminated.

Amends the Clayton Act to prohibit any air carrier or foreign air carrier that is subject to the Federal Aviation Act of 1958, any person controlling such carriers, any other common carrier, or any person substantially engaged in the aeronautics business from acquiring the stocks or assets of one or more persons engaged in commerce where the effect of such acquisition may substantially lessen competition or tend to create a monopoly.

Terminates the authority of the Secretary to enforce the antitrust provisions of the Clayton Act with respect to air carriers and foreign air carriers who are subject to the Federal Aviation Act of 1958. Excludes such carriers from the antitrust authority of the Federal Trade Commission.

Mar 20, 198700

Airline Competition Act of 1987 - Provides that the Clayton Act and Sherman Act shall apply to the interstate and overseas air transportation industry.

Airline Competition Act of 1987 — Informed