November 8, 2024
Competition Bureau Gets Court Orders to Seek Info from Air Canada and WestJet

Competition Bureau Gets Court Orders to Seek Info from Air Canada and WestJet

In a landmark move, Canada's Competition Bureau has obtained court orders requiring Air Canada and WestJet to provide information for its market study into competition.
A line of parked Air Canada and WestJet aircraft.
Quintin Soloviev, CC BY-SA 4.0, via Wikimedia Commons

The Competition Bureau has obtained two court orders requiring Air Canada and WestJet Airlines Ltd. to provide information for its market study into competition in Canada’s airline industry. 

This marks the first time the Bureau has wielded its new information-gathering powers in a market study. It signals a significant shift in its approach to ensuring fair competition.

Key Areas of Inquiry


The Federal Court has granted two pivotal court orders, compelling Air Canada and WestJet Airlines Ltd. to disclose critical information. These orders require the airlines to provide detailed records and written responses pertaining to various aspects of their operations and market analyses.

The Competition Bureau’s information requests focus on several crucial areas. These include competitive landscape analysis, and entry barriers such as government policies and airport access.

It will also review performance metrics spanning pre-pandemic to recent years, and agreements with airports and shareholdings in domestic airlines. This comprehensive approach aims to paint a clear picture of the current state of competition in Canada’s airline sector.

The Duopoly Dilemma: Air Canada & WestJet


Air Canada and WestJet’s dominance in the Canadian airline market has long been a subject of debate. As the two largest carriers, their combined market share has raised concerns about the potential for anti-competitive practices and reduced consumer choice.

edk7, CC BY-SA 2.0, via Wikimedia Commons

Barriers to Entry

One of the primary issues plaguing the Canadian airline industry is the high barriers to entry for new competitors. Several factors contribute to this situation. Stringent regulatory requirements pose a significant hurdle for potential entrants.

Limited access to airport slots and gates further complicates matters for new airlines trying to establish operations. High operational costs in the Canadian market can deter investment.

Additionally, the well-established loyalty programs of incumbent airlines make it challenging for newcomers to attract and retain customers.

These barriers have made it challenging for new entrants to gain a foothold in the market, potentially stifling innovation and price competition.

A parked Air Canada Boeing 777.
Photo Credit: Air Canada

Consumer Impact

The lack of robust competition in the Canadian airline sector has had tangible effects on consumers. Travelers often face higher ticket prices compared to similar routes in other countries.

Beyond the Air Canada / WestJet duopoly, the limited number of carriers has also resulted in fewer route options, particularly for smaller cities and regional destinations.

Furthermore, the absence of strong competition has reduced the incentive for existing airlines to improve their services. This all potentially affects the overall quality of air travel experiences for Canadian passengers.

A WestJet 737 in flight.
Photo Credit: WestJet

The Road Ahead


The Competition Bureau emphasizes that this study does not constitute an investigation into specific wrongdoing. However, it leaves the door open for further action if evidence of anti-competitive behavior does emerge.

The findings of this market study could pave the way for significant changes in the industry. These might include regulatory reforms to promote competition, and measures to facilitate new market entrants. It holds the potential to improve transparency in pricing and fees, and enhanced consumer protection policies.

Conclusion


As the Competition Bureau delves deeper into the Air Canada / WestJet duopoly, stakeholders across the board will no doubt be watching closely. The outcome of this landmark study could reshape the competitive landscape, potentially ushering in a new era of choice and value for Canadian air travelers.

As the study progresses, it remains to be seen whether this initiative will lead to a more open and competitive market that truly serves the interests of Canadian consumers.

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