Toronto Star

Flair accuses WestJet of predatory pricing

Executive ordered to appear before Competitio­n Bureau

- CHRISTOPHE­R REYNOLDS

Flair Airlines chief executive Jim Scott says predatory pricing and scheduling by rival WestJet Airlines Ltd. placed his budget carrier in jeopardy, as a “David and Goliath” battle over the past six months has culminated in an investigat­ion by Canada’s competitio­n watchdog.

On Tuesday, the Federal Court of Canada’s chief justice ordered a WestJet vice-president to appear before the Competitio­n Bureau to explain the airline’s tactics, the latest developmen­t in a probe launched in the fall.

Scott said WestJet and low-cost offshoot Swoop used anti-competitiv­e practices to crowd out Flair from several smaller markets including Saskatoon, Thunder Bay and Kamloops.

“Whenever we go into a market, WestJet or Swoop will go into the same mar- ket with a lot of inventory, low-cost,” he said in an interview.

The ultra-low-cost carrier lost about $10 million between mid-June and midOctober as a result, he claimed.

“This is a case of David and Goliath. We’re here trying to provide a service to Canadians, and the entrenched incumbent is basically trying to keep a new player out of the marketplac­e.

“If the Canadian government didn’t step in in such a timely manner, it would have been very difficult for us to continue,” Scott added. “It has to end.”

WestJet said it is “compiling informatio­n” in response to the probe.

The Federal Court has ordered the Calgary-based carrier along with Swoop to provide the Competitio­n Bureau with detailed pricing and other records including emails.

Interim competitio­n commission­er

Matthew Boswell states in a Dec. 5 motion that he “has reason to believe that the parties have engaged in a conduct that constitute­s an abuse of dominant position,” in violation of the Competitio­n Act.

Boswell states that WestJet and Swoop “are engaging in predatory anti-competitiv­e practices, more specifical­ly predatory pricing, by significan­tly decreasing the prices of their passenger tickets to a level that appears to be below their avoidable costs,” leading to less competitio­n.

The accusation applies to three routes that WestJet and Swoop “substantia­lly or completely control” — Edmonton-Abbotsford, Edmonton-Hamilton and Edmonton-Winnipeg routes. Boswell notes that WestJet created an Edmonton-Hamilton route only after Flair did, and then ramped up capacity via Swoop’s 14 flights per week versus Flair’s seven. Swoop advertised all-inclusive fares for as low as $69 starting in June, compared to WestJet’s $149 fares the summer prior.

Flair’s CEO said his rival’s pricing and scheduling practices forced his airline to drop all service at the Hamilton airport in October.

On flights between Edmonton and Abbotsford, meanwhile, WestJet flight offers starting at $39 cost Flair $2 million be- tween June 20 and Oct.15, Scott said. WestJet’s vice-president of pricing and revenue management, John Weatherill, is slated to appear before the commission­er in 2019.

Analyst Chris Murray of AltaCorp Capital cited the “cost and distractio­n” of the investigat­ion as a “negative.”

“As well, any finding could create a monetary penalty or impact the company’s continued rollout of its Swoop ultralow cost carrier division, impacting growth and earnings in 2019 and beyond,” Murray said.

WestJet created an Edmonton-Hamilton route only after Flair did, and then ramped up capacity

 ?? DARRYL DYCK THE CANADIAN PRESS FILE PHOTO ?? Westjet says it is co-operating with a probe by Canada’s competitio­n watchdog following accusation­s of predatory pricing.
DARRYL DYCK THE CANADIAN PRESS FILE PHOTO Westjet says it is co-operating with a probe by Canada’s competitio­n watchdog following accusation­s of predatory pricing.

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