Legal and practical considerations concerning cross border repossessions of leased aircraft
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On 6 August 2025, the UK’s Competition and Markets Authority (“CMA”) accepted binding commitments (“Commitments”) from the airlines which are party to the Atlantic Joint Business Agreement (“AJBA”), to address concerns that their combined market power would have an adverse effect on competition on certain transatlantic routes between the UK and North America.
The AJBA has been operational since 2010 subject to remedies which were agreed with the European Commission (“EC”) to last for a period of 10 years (“2010 Commitments”). Since almost all the 2010 Commitments related to transatlantic routes originating in the UK, post-Brexit these Commitments (and any replacements once they expired in 2020) fell within the jurisdiction of the CMA.
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