After much back and forth and Viva Colombia filing for bankruptcy, the Colombian civil aviation authority gave the go-ahead for the merger with competitor Avianca. However, there are also six requirements that must be met.
For financial reasons, Viva Colombia first had to reduce flight operations and then suspend them completely. In the meantime, creditor protection proceedings have been initiated under local law. The main reason is that the company is in a bad financial situation and the approval of the takeover by the competitor Avianca has used up the last reserves.
The transaction can now be completed, but the authorities have set six conditions that Avianca and Viva Colombia must meet. These are as follows:
- The rights of Viva passengers must be respected. You should be able to get a refund for canceled airline tickets, and those whose tickets have not yet been processed must be allowed to fly. The ultra-low-cost carrier must respond correctly following its "unilateral decision to cease operations."
- Airlines are having to return slots that would exacerbate saturation at Bogotá's El Dorado International Airport during both the winter and summer seasons. By returning these slots, airlines avoid raising barriers to entry to the largest Colombian airport. In the past, Avianca had agreed to sell up to 155 slots at this hub.
- Viva's low-cost business model must be retained.
- The airlines have to increase frequencies again on the Bogota-Buenos Aires route, which has been particularly affected. In January 2023, three airlines flew between these two cities. Avianca and Viva offered 21 weekly flights (14 and seven respectively) to Ezeiza International. At the same time, Aerolíneas Argentinas flew once a day to Jorge Newbery Aerodrome.
- Both airlines must set a fare cap on the routes where they are the only operators.
- Finally, they must ensure dynamism on routes that will be subject to greater concentration after their merger.