New Distribution Capability and Competition Andrew Charlton1 Charles Stotler2 Abstract; 1. Airline ticket distribution and new distribution capabilities; 2. Competition laws and air transport; 2.1. The situation in the USA; 2.2. The situation in Europe; 3. Regulation of CRSs in the US and Europe; 4. NDC and competition law; 5. Quo vadis? ABSTRACT In the digital era, control of data is everything. First, airlines controlled the data, then they created Computer Reservation Systems for that. Competition laws made CRS ownership onerous and Global Distribution Systems were born. Whether through consumer protection regulations or otherwise, competition laws guided what could and could not be done with the data. Nowadays, data ownership is increasingly contested through new initiatives, such as IATA’s New Distribution Capability, but competition law and consumer protection still play a role. This chapter will look at all of these issues, starting with the application of competition law to the air transport industry, with a particular emphasis on CRSs. Next, we will look at CRS regulations in the U.S. and Europe. Afterward, we will discuss the application of competition law to IATA’s NDC. Finally, we shall speculate on the road ahead, offering some insights on how the EU Commission might react in light of consumer interest. 1 Andrew Charlton, FRAeS, is the Managing Director of Aviation Advocacy, an independent air transport strategic and government affairs consultancy based in Switzerland, with an office in Brussels. 2 Charles Stotler is an Associate with Aviation Advocacy and the Co-Director of the Centre for Air and Space Law at University of Mississippi School of Law.
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