1. 1 A Brief History of U. S. Commercial Aviation Regulation and
Deregulation The U. S. commercial aviation industry was regulated by the
government for a period of 40 years, beginning in 1938 with. the passing
of the Federal Aviation Act, and ending in October 1978 when President
Carter signed into law the Airline Deregulation Act (ADA). There were 16
airlines in existence when the Federal Aviation Act was passed in 1938
(the so-called 'trunk lines'). The Act established the Civil Aeronautics
Authority (CAA) as the industry's regulatory body. The Act was passed
principally because it was felt that the free market, if allowed to
continue unregulated for much longer, would put many of these firms into
bankruptcy. It is possible therefore to view the CAA of 1938
(re-organized into the Civil Aeronautics Board (CAB) in 1940) as a
response to a potential market failure at the time. In the 1930s, few
air traffic markets could have efficiently"supported more than one
airline operating in the market [Panzar (1980)]. Competition among the
carriers was cut-throat, and it was felt that the near bankruptcy of the
airlines in the period was caused principally by the competitive bidding
system used by the Post Office in allotting airmail subsidies [Keeler
(1972), Caves (1962)].