10/24/2025 | Press release | Distributed by Public on 10/24/2025 10:04
The airline industry is not resilient, competitive, or serving the public, and Congress must fix the miserable flying experience, testified Vanderbilt Law Professor Ganesh Sitaraman last week before the U.S. Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights. Sitaraman, the New York Alumni Chancellor's Chair in Law and director of the Vanderbilt Policy Accelerator, is the author of "Why Flying is Miserable: And How to Fix It," which offers a history of airline regulation and deregulation.
The Senate Judiciary antitrust subcommittee is chaired by Senator Mike Lee (R-UT) and Senator Cory Booker (D-NJ). Sitaraman was part of a five-member witness panel that included three representatives from the airline industry and a consumer advocate. Sitaraman's testimony noted that the airline travel is not resilient enough, competitive enough, or meeting the needs of the public well enough, given "cycles of boom and bust, repeated bankruptcies and bailouts, reduced competition and rising concentration, too few daily domestic flights, and a steadily worsening experience for passengers-particularly in rural areas."
Sitaraman highlighted several areas where Congress could act to fix flying, by requiring airlines to develop resilience plans and rainy day funds to prevent future bailouts and to expand access to airport gates and reduce hub concentration. Improving geographic access could involve a sports-style "draft pick" plan that would result in the biggest airlines serving smaller cities at affordable prices. He noted that the passenger experience could be improved through a host of actions, including setting minimum seat sizes, making it cheaper for parents to fly safely with infants, preventing AI-enhanced personalized and dynamic pricing, and giving passengers the ability to sue the airlines when they engage in abusive practices.
Watch the full hearing or read Sitaraman's full testimony here.