What is the position of the major U.S. carriers on the Department of Transportation's proposal to outlaw productivity pricing and the bonuses associated with it?

A: Nine U.S. airlines filed comments in the DOT's GDS rules case. Not one supports productivity pricing. Most fall for the same fallacy: The airlines are forced to pay such high booking fees due to the generous bonuses the GDS vendors pay travel agencies. Ergo, stamping out bonuses would lower booking fees.

American's comments illustrate the faulty line of reasoning: "As long as productivity payments remain an accepted GDS practice, no GDS will adopt a low-cost strategy, and competitive systems [i.e., Orbitz and airline Web sites] will face an artificial but significant barrier to entry. ... Accordingly, ... these types of payments should be prohibited."

Continental hates all GDS bonuses, not only because "airlines suffer from productivity pricing" but also because bonuses pay for travel agencies' equipment, which "reinforces a subscriber's dependence on its primary system."

Delta sees greedy vendors and agencies that have arranged a "direct pass-through of booking fees from the airlines to their agents."

Alaska Airlines wants the GDS rules phased out entirely in three years. However, Alaska cannot resist a swipe at travel agencies, as it supports a ban on productivity pricing, even if it lasts only for three years.

America West claims that without productivity pricing, "agents would likely seek more comprehensive information and provide customers with more accurate advice."

This insult is like saying that if America West charged higher fares, it could afford to spend more money on safety and "would likely" be a safer airline. The author of such a comment would have no more idea of what he was talking about than the author of America West's comments.

Likewise, Midwest believes that "such pricing plans run up carrier costs without justification."

Do the airlines really believe that vendors would lower booking fees if there were no bonuses? Probably not. They just want the DOT to do their dirty work.

Rather than induce agencies not to use the GDSs -- like normal, rational businesses would -- the airlines would use the government as their hit man to bump off more agencies.

Mark Pestronk is a Fairfax, Va.-based attorney specializing in travel law. He answers your questions in the TravelWeekly.com Legal Ease forum. To contact Mark directly, e-mail him at [email protected].

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