Aviation
KOREAN AIR GETS APPROVAL FROM THE EUROPEAN COMMISSION ON ASIANA MERGER
February 13, 2024

Korean Air announced that the European Commission (EC) had approved its business combination with Asiana Airlines on February 13.

 

The South Korean flag carrier noted that this approval came in the form of a "conditional clearance," which is subject to the airline's compliance with certain commitments agreed upon with the EC.

 

As a result, Korean Air has now successfully obtained approval or completed the review process, with 13 of the 14 regulatory authorities requiring business combination approvals.

 

Korean Air said it initiated a pre-consultation process with the EC in January 2021, followed by the submission of a formal merger notification in January 2023.

 

The EC opened a Phase II review of the merger in February and issued a Statement of Objections in May in which the EC expressed competition concerns resulting from the merger in both passenger and cargo markets. 

 

To address the identified competition concerns, commitments have been offered, primarily consisting of two elements: (1) divestment of Asiana Airlines' cargo freighter business and (2) providing support to ensure the entry by a new airline on the four overlapping passenger routes between Korea and the European Union.

 

Korean Air noted that these measures are designed to maintain a competitive environment in the relevant markets.

 

"For the implementation of the cargo commitments, Korean Air and Asiana Airlines will need to take several steps, such as appointing an advisory firm to oversee the divestment of Asiana Airlines' cargo freighter business, as well as initiating the bidding process, and selecting a buyer of the cargo business," the carrier added.

 

It further said that the approval by the EC of the selected buyer is required to close the airlines' merger deal.

 

Once Korean Air completes the acquisition of Asiana Airlines, the actual cargo divestment process will take place.

 

Under the passenger commitments, T'way Air has been appointed as the "remedy taker" on the designated European passenger routes.

 

Korean Air said starting from the second half of this year, T'way Air will gradually initiate operations on the four routes: Seoul Incheon-Paris, Seoul Incheon-Rome, Seoul Incheon-Barcelona, and Seoul Incheon-Frankfurt. Korean Air plans to provide comprehensive support to T’way Air. 

 

Final approval sought from the US

 

"With the EC approval secured, Korean Air continues to be focused on its discussions with the US competition authority to finalize the overall merger review processes as soon as possible," Korean Air said.

 

Since January 2021, Korean Air has filed merger notifications to a total of 14 competition authorities.

 

A total of 13 authorities, including the EC, have since either approved the merger or concluded the review of the merger on the ground that the merger was not subject to review or report.

 

Earlier this year, in January, Korean Air announced that the Japan Fair Trade Commission (JFTC) had approved its business combination with Asiana Airlines.

 

Korean Air chairman and chief executive Walter Cho also said earlier in 2024 that the carrier is targeting the completion of the Asiana acquisition in 2024 while admitting that the process — which was first announced in November 2020 — has "taken much longer than expected."