Airline
Predatory Pricing
How
the Airlines Kill Their Competitors, Screw Their Customers, and Get
Away With It
Leah
Platt
The American Prospect
The
biggest anti-trust suit since the Microsoft case is set to open in a
federal court next month. The particular complaint is against American
Airlines. Three of its smaller competitors -- Vanguard, Sun Jet and
Western Pacific -- are accusing the huge airline of conducting a ruthless
campaign to oust them from the Dallas-Fort Worth airport. But the entire
airline industry might as well be on trial.
Since
Congress deregulated the industry in the late 1970s, the promise of
lower prices and smoother service -- which has only intermittently been
fulfilled -- owes more to the effort of scrappy low-cost carriers like
Southwest than to competition between the major airlines, whose hub-and-spoke
networks hardly overlap. The Big Six -- United, US Airways, American,
Northwest, Continental and Delta -- have divided the country into local
fiefdoms centered around "fortress" hubs. United, for instance,
flies more than half of the passengers leaving from San Francisco, Denver,
and Chicago O'Hare, but only 6 percent from Philadelphia (which is dominated
by US Airways) and 2 percent from St. Louis (TWA's headquarters). If
approved by the Justice Department, a proposed merger between United
and US Airways and a post-bankruptcy deal, in which American will acquire
the assets of ailing TWA, will further consolidate the industry. When
the dust clears, the two largest airlines -- United and American --
may control half of the domestic market.
Mergers
aside, the established airlines are already able to shuttle travelers
from one coast to the other in their self-contained networks without
ever landing in rival turf, leaving travelers no choice but to pay monopoly
prices -- and put up with monopoly service. That is, unless a regional
airline steps in. When Frontier Airlines set up shop in Denver in the
mid-90s, prices on some United flights from its Denver hub plunged.
In a letter to The Denver Post, a disgruntled businessman complained
that a flight to Boston cost him $1,667, while a round trip to Minneapolis
cost $146. Why? Because Frontier had recently entered the Denver-Minneapolis
market. JayEtta Hecker, the director of physical infrastructure issues
at the General Accounting Office, confirms that fares at airports monopolized
by one major carrier are 41 percent higher than at airports that benefit
from some form of low-cost competition.
Dallas-Forth
Worth is the third largest airport in the United States, serving 55
million passengers each year. American Airlines, the airport's resident
Goliath, flies 61 percent of these travelers, and, according to a complaint
filed by the Department of Justice, uses its dominant position to deprive
consumers of competition's benefits. "When small airlines try to
compete against American," the brief continues, "American
typically responds by increasing its capacity and reducing its fares
well beyond what makes business sense, except as a means of driving
the new entrant out of the market."
Consider
the case of Vanguard Airlines, a small company based in Kansas, that
started service from Kansas City to Dallas in January, 1995. By April,
American had flooded the market with near-hourly service -- upping eight
daily round-trips to 14 -- and matched Vanguard's one-way fare of $80.
After a year and a half of war -- in which American used similar tactics
against Vanguard on flights from Dallas to Wichita, Cincinnati and Phoenix
-- the smaller airline finally pulled out of American's Dallas-Fort
Worth hub altogether. American quickly cancelled the extra (and unprofitable)
flights and raised the routes' fares by 50 to 80 percent. After Vanguard
fled Dallas-Fort Worth, American execs bragged that the Kansas City
route went from being one of the airline's "worst performers"
to the "best in the West."
But
American is hardly alone in pursuing what Paul Dempsey, director of
the Transportation Law Program at the University of Denver (and Vice
Chairman of Frontier Airlines), describes as the airline industry's
"homicidal mission to destroy the low-fare airlines." The
only difference is that American got caught. According to Mark Cooper,
the president of the Consumer Federation of America, "any of the
Big Six airlines could have been sued, but it was the American case
that had the smoking gun. In economic crimes, there are no bodies or
murder weapons. The real evidence is in the corporate documents."
In
this case, the evidence, a number of internal memos all but admitting
to American's deliberate campaign of economic sabotage, doesn't point
to murder, but to the antitrust equivalent -- predatory pricing. After
a 1996 meeting called to deal with the threat of low-cost carriers,
American executives concluded, in writing, "the short term cost,
or impact on revenue [of the aggressive pricing strategy] can be viewed
as the investment necessary to achieve the desired effect on market
share." Or, in other words, the airline can suck up the costs of
adding flights and lowering fares in the short term in the hopes of
driving smaller carriers out of the market.
The
problem is widespread. A report released this year by the Department
of Transportation documents case after case of established airlines
jealously guarding their home airports by undercutting prices offered
by small start-up carriers, adding extra flights to challenged routes,
and using their economic muscle to convince local business and travel
agents to sign exclusive contracts. Chastened and frequently broke,
the smaller airline is often forced to withdraw from the market, or
even declare bankruptcy, leaving the incumbent free to raise its prices
and cancel the added service.
The
case against American, filed in May of 1999, may finally see its day
in court next month. However, the Clinton Administration filed the suit,
and it is up to the Bush Administration to see it through. The charges
are at odds with the philosophy of the Bush team, which Cooper describes
as "hard-edged trickle down economics." Timothy Muris, the
new chairman of the Federal Trade Commission, has publicly criticized
the government's case against American, blaming such investigations
for having "a chilling effect on the winners in our competitive
marketplace." And Attorney General John Ashcroft, who ultimately
has discretion over whether the case will be pursued or settled out
of court, is a relative "wildcard on enforcement of the antitrust
laws," says Dempsey.
Calling
the Bush Justice Department a wildcard may be optimistic, however. While
it's unlikely that the Department will drop the case entirely, it can
easily settle out of court for nothing more than a slap on the wrist.
Given the record of Bush's choice for the head of the Justice Department's
antitrust division, and the avalanche of campaign contributions from
the airline industry, that might just happen. Charles A. James, Bush's
pick for the antitrust division, is a pro-corporate lawyer who thinks
government should be much more restrained in its antitrust policing.
What's more, he represented an executive involved in the proposed United-US
Airways merger.
And
the airlines -- particularly American -- have been working hard to ensure
that they can operate without antitrust interference. In the 2000 election,
the industry contributed almost $7 million to federal candidates and
parties -- more than two thirds of which went to Republicans, according
to the Center for Responsive Politics. American Airlines itself contributed
$1.5 million -- 60 percent for Republicans. In fact, American gave $100,000
to George W. Bush's inaugural committee alone. President Bush has already
made it clear which side he's on by halting a threatened Northwest Airlines
strike in early February.
And
when it comes to predatory pricing -- which is always difficult to prove
in court -- the Bush team will have plenty of leeway. The Supreme Court
has established three criteria for proving an instance of predatory
pricing: (1) Prices must be below an appropriate measure of cost, (2)
these artificially low prices must be capable of driving rivals from
the market, and (3) the perpetrator must have a reasonable prospect
of using its monopoly power to recoup its short-term losses. But the
government hasn't had the opportunity to apply the standards to the
idiosyncratic airline industry. Since deregulation went into effect
in 1978, the courts have yet to hear a single predatory pricing case
against an airline. Without an established precedent, it will be easy
for the Justice Department to dispose of the case against American.
Take
the first condition, that to be "predatory," prices must be
below an appropriate measure of cost. In theory, the price charged for
a seat should be compared to the cost of filling that extra seat. But,
besides an extra package of peanuts, the cost of flying an additional
passenger is practically nothing; regardless of the number of travelers
on a flight, the pilot and flight attendants still must be paid and
the aircraft requires the same amount of fuel. And even if accountants
were to agree on an appropriate measure of cost, to which ticket price
should it be compared? Business class or coach? Advanced or same day
purchase? The very definition of predatory pricing is complicated. What
about airlines that offer bonus frequent flier miles on a certain route
to edge out a competitor?
Even
if the mechanics of trying airlines for predatory practices are not
fully worked out, the fact that the Justice Department asked American
to answer for its business practices could put the other airlines on
the alert. But with Bush appointees at the helm, it's very possible
that American will be let off the hook, emboldening airlines to the
detriment of hapless passengers. Prices for business travel have already
skyrocketed in the past few years. If airlines are confident that the
Justice Department is looking the other way, they won't hesitate to
use their monopoly power to run smaller competitors out of business
and raise ticket prices even further.