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19 Air & Space Law. 1 (2004-2005)

handle is hein.journals/airspaclaw19 and id is 1 raw text is: THE AIR & SPACE L A AMERiCAN BAR ASSOCIATION B R 18, NUMBER 4/VOLUME 19, NUMIBER I Opting In or Opting Out? One Airport's Choice By Mara E. Rosales he post- September 11 Aviation ,and Transportation Security Act (ATSA) called for the Transporttion Ste-curity Adninistration (ISA) to improve the security of all t-ansportation modes within the .htited Stattes. TSA was charged with taking over the screening of passen- gers and baggage at the nation's com- mercial service airports by November 19, 2002, to achieve a secure air travel system. I lowever, Section lO of ATSA allowed up to live commercial airports to retain private s eurity screening per- sunnel under TSA oversight. These air- ports would use priv-ately employed screcners hired, trainud, paid, and test- ed to TSA standards and would serve as a conlipari.son to that of Federal ellploy- ces (tle pilot prognum). lie five pilot airports arc: San Francisco International Airport (SFO); Rochester, New York; Tupelo, Mississippi;.jackson, Wyoming; an1d Kansas City, Missuti. '[hie term of the pilot program is now ending, and in November 2004 all airports across the nation can apply to TSA Ito opt oit oftile fedentl screetning program utder specific federal temis. TSA will detemilne whether to granit these applications, and a key to that decision will be wlietlier the level of scrtning services provided by the pri- vale contractor is equal to or greater than that of federal operations.' Both the topt-out prograim aud federal open. lions have the itnie goitls-to itnc'ts aviation security by t)grading the qtlal- it), of the screener workforce, screen all baggage and passengers effectively, and create n alllosphere that colll- bines the need for security with the public's freedom of movement. But air- pts lutst now choose whether their opcnili ols are blcir stlilte( to one program or the other2 continued on page 6 Air France/KLM: Drawing the Antitrust Map for European Airline Consolidation By Charles S. Stark n Febnary 11, 200.1, the European Commission (the Commnission) cle-ar'd Air Frince's acqtisition of KLM Royal Dutch Airways,' subject to a web of conilnil- nlents by the carriers as well as the French and DUtch avia- tion authorities. The same day, the U.S. Department of Just ice's Antitrust Division (Justice) cleared the deal by agree- ing to early terlnation of the IJ.S. pre-lierger waiting peri- od. Although Justice clused its investigation unconditionailly, a Justice official said afterward that its approval was partly Forum o n Ai r based oil the renedies Imposed In Brssels.2 11be Commission's decision is worth examining closely. Most immediately, it suggests that the Commission is likely to take a hospitable antitrust approach to the expected consoli- dation of tile Iuropean airline Industry. Ihe decision also highlights tile extent to which the United States and tie European Union (EL) antitrust agencies' conlinued on page 9 and Space L La w

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