NYTimes.com Article: Regulators Raising Questions on Airline Merger in Japan

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Regulators Raising Questions on Airline Merger in Japan

March 20, 2002

By KEN BELSON




TOKYO, March 19 - The proposed merger between Japan
Airlines and Japan Air System, which would create one of
the world's largest airlines by sales, has been repeatedly
criticized by regulators on antitrust grounds. That is a
highly unusual development in a country where the
government is much more prone to rubber-stamp corporate
mergers than to question them.

The latest criticism came from the transport minister,
Chikage Ogi, who said today that the two airlines should
consider whether their merger benefits consumers and should
alter their plans accordingly.

On Monday, officials of her ministry said that smaller
airlines would get priority for takeoff and landing slots
at Haneda Airport, which serves domestic flights to and
from Tokyo and is the nation's busiest, when the government
reviews slot assignments.

Last Friday, the Fair Trade Commission said the planned
merger might deter small airlines from competing in a
domestic market that handles more than 90 million
passengers a year.

Japan Airlines responded to the criticisms by saying it
would look into the commission's comments but that the plan
to form a joint holding company with Japan Air System by
October would continue on schedule.

The operations of the two carriers are expected to combine
by 2004.

Together, they will control almost half the domestic
Japanese market, roughly on a par with All Nippon Airways,
now the dominant domestic airline and No. 2 over all.

That leaves little room for smaller airlines like Skymark
and Air Do, which are struggling to compete even when they
underprice the big carriers on major routes, analysts said.


Complicating matters, Air Do is backed by the local
government in Hokkaido, the northernmost of Japan's four
main islands.

Executives at All Nippon have also criticized the merger.


"The domestic airline market is very political," said
Otsuke Itazaki, an analyst at Credit Suisse First Boston in
Tokyo. "A lot of people say it's strange that even after
air fares were deregulated the three main airlines still
charge the same rates."

Still, it is unclear whether the flurry of official public
attention to the merger's implications amount to political
grandstanding or represent a serious attempt to scuttle or
reshape the proposed deal.

The government clearly wants to scotch criticism of the
Fair Trade Commission as toothless. It plans to double the
commission's size and increase the ceiling on fines the
commission can levy.

"It's said that the F.T.C. is more bark than bite, so we
need to strengthen it," said Yoshimasa Hayashi, a ruling
Liberal Democratic Party politician and a leader of the
government's committee on administrative reform.

The most likely outcome, some analysts said, is a
compromise in which Japan Airlines and Japan Air System
cede some landing slots on a few of their profitable routes
to smaller competitors in exchange for permission to
proceed with the merger.

http://www.nytimes.com/2002/03/20/business/worldbusiness/20YEN.html?ex=1017640975&ei=1&en=049273d819c3bcc9



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