The Department of Transportation after 1988

Even though the DOJ now has primary author­ity over domestic airline mergers and acquisi­tions, the DOT retains jurisdiction to regulate and investigate some aspects of domestic air­line operations, including carrier fitness, owner­ship, and advertising. The DOT also has express authority to prohibit unfair and deceptive prac­tices and unfair methods of competition. Section 411 of the Federal Aviation Act, recodified as 49 U. S.C. 41712, provides:

«[The] Secretary may investigate and decide whether an air carrier. . . has been or is engaged in an unfair or deceptive practice or an unfair method of competition in air transpor­tation… If the Secretary, after notice and an opportunity for hearing, finds that an air carrier… is engaged in an unfair or deceptive practice or unfair method of competition, the Sec­retary shall order the air carrier… to stop the practice or method, w

DOT takes the position that it is authorized to prohibit conduct that does not amount to an actual violation of the antitrust laws, but is such that it could be considered anticompetitive under antitrust principles.5 DOT also has authority to approve or immunize from U. S. antitrust laws cooperative agreements between domestic carri­ers and foreign carriers relating to international routes.6