Travel Agents versus Airlines in the Maltese Competition Law Scenario: On PSAA’s Jurisdiction and IATA’s Juridical Interest in connection with the Reduction of the Travel Agents’ Commission Michael Tanti-Dougall1 Jacqueline Tanti-Dougall 2 1. Introduction; 2. Facts of the Cases; 3. Filing of Judicial Cases by FATTA in the Civil Court; 4. IATA’s Plea that it Should Not Be Part of the Proceedings; 5. The Four Airlines’ Defence Pleas; 6. One Economic Unit; 7. Decision by the Civil Court; 8. Jurisdiction; 9. The Decision Concerning the Preliminary Pleas Raised by IATA; 10. The Decision about the Breach of Articles 5 and 9 of the Competition Act; 11. Lufthansa and the Abuse of a Dominant Position; 12. Conclusion. 1. INTRODUCTION In 2017, the Maltese Federated Association of Travel and Tourism Agents (FATTA), on behalf of its members, who were accredited by the International Air Transport Association (IATA) agents, filed four cases concurrently in the First Hall Civil Court3 of Malta, against Deutsche Lufthansa Aktiengesellschaft, Austrian Airline AG, Brussels Airlines and Swiss International Air Lines Ltd., and this with regard to further reduction of commission due to travel agents on 1 Adv. Dr. Michael Tanti-Dougall; Senior Partner at Advocates Tanti-Dougall & Associates; Visiting Lecturer at University of Malta; Legal practice includes Competition Law, filed the cases in Court for the Federated Association of Travel and Tourism Agents as legal counsel thereto. 2 Adv. Dr. Jacqueline Tanti-Dougall; Partner at Advocates Tanti-Dougall & Associates; International Legal Consultant on Travel and Tourism; Visiting Lecturer on Travel & Tourism Law at University of Malta; President of International Forum of Travel and Tourism Advocates. 3 The Civil Court has the jurisdiction to decide on Competition matters.
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