Matt Thurber, editor-in-chief at AIN Media Group, has been flying since 1975 and writing about aviation since 1978 and now has the best job in the world, running editorial operations for Aviation International News, Business Jet Traveler, and FutureFlight.aero. In addition to working as an A&amp;P mechanic on everything from Piper Cubs to turboprops, Matt taught flying at his father’s flight school in Plymouth, Mass., in the early 1980s, flew for an aircraft owner/pilot, and for two summer seasons hunted swordfish near the George’s Banks off the East Coast from a Piper Super Cub. An ATP certificated fixed-wing pilot and CFII and commercial helicopter pilot, Matt is type-rated in the Citation 500 and Gulfstream V/550. Based in the Pacific Northwest, Matt and his team cover the entire aviation scene including business aircraft, helicopters, avionics, safety, manufacturing, charter, fractionals, technology, air transport, advanced air mobility, defense, and other subjects of interest to AIN, BJT, and FutureFlight readers.

Editor-in-Chief

Matt Thurber

SmartSky Networks next-generation air-to-ground (ATG) network provides an unmatched connected experience inflight for both cabin and crew.

Gogo Business Aviation is a provider of in-flight broadband Internet service and other connectivity services for business aircraft.

In an antitrust lawsuit filed yesterday in the U.S. District Court for the Western District of North Carolina, SmartSky Networks accused Gogo Business Aviation of “illegal monopolistic practices in the air-to-ground (ATG) broadband inflight connectivity market for business aviation…The lawsuit seeks substantial damages potentially exceeding $1 billion.”&nbsp;Gogo did not respond to AIN's inquiries for comment at press time.
Gogo’s alleged behavior “ultimately forced its only ATG competitor out of the market,” according to the lawsuit. SmartSky shut down its ATG network on August 16 without warning customers that their airborne connectivity was suddenly ending. Network developer Apcela said in October that it was acquiring SmartSky, and the transaction was expected to take place by year-end.
That transaction has not yet taken place, according to Mark Casey, Apcela founder and CEO. “We are acquiring the SmartSky ATG Network from SmartSky Networks. We are not a party to this lawsuit. SmartSky Networks is pursuing these legal claims.”
SmartSky had gained only a 2% share of the ATG market, the lawsuit claims, “before being forced to cease operations despite having a far superior product.” The company raised more than $700 million in investor capital, and its ATG service began in July 2022. According to SmartSky, “without competition, Gogo returned to a 100% ATG monopoly position, with its legacy systems as the only ATG solution currently available for business aviation customers in the U.S.”
The lawsuit accuses Gogo of violating the Sherman Act and Clayton Act, the Unfair and Deceptive Trade Practices Act, and North Carolina state tort laws. It claims “that Gogo engaged in predatory pricing, misleading advertising, and exclusive dealing agreements to maintain its monopoly position in the ATG market.”
Despite what SmartSky said is “a superior technology…SmartSky&nbsp;argues that it was systematically undermined through a multitude of deceptive practices, including Gogo's misrepresentation of its own technology, the implementation of illicit below-cost pricing strategies, and ‘vaporware’ promises of a future 5G internet solution that has still yet to materialize.”
According to the lawsuit, “Knowing that SmartSky was going to beat it to market and desperate to prevent SmartSky from capturing its market share, Gogo launched a massive misinformation campaign to convince the market (including MROs/dealers, aircraft manufacturers, end-users, and investors) that Gogo’s ‘Next-Generation’ network was always just around the corner. But each time its fake launch date came near, Gogo delayed it just a little while longer. This pattern went on for years and continues today.”
Gogo completed its 5G service tower installations in October 2022 and initially said that service would begin in 2023, but that has been repeatedly delayed by issues around delivery of 5G chips. The 5G service is now expected to begin in 2025.
In March 2022, SmartSky filed a patent infringement lawsuit and sought a preliminary injunction to block Gogo Business Aviation from rolling out its 5G service, one of a series of lawsuits that SmartSky had previously filed against Gogo. An intellectual property case filed in Delaware is still set to go to trial in April next year.
An example of the alleged deceptive practices (a claim for tortious interference with prospective economic advantage), according to the antitrust lawsuit, is a competition between SmartSky and Gogo for a fleet operator’s business.
Although SmartSky had already won the bid and was close to finalizing the agreement, “Gogo interfered with that relationship and prevented SmartSky and the fleet operator from entering into a contract. Through its wrongful actions described herein, Gogo induced the fleet operator not to enter into an agreement with SmartSky, and SmartSky eventually was forced to close its doors and cease business operations.”

News and developments about everything that goes into the cabin of an aircraft, from floor coverings to headliners, with a special emphasis on in-flight entertainment, communications and other electronics for passengers. If it is in the cabin of an aircraft, it’s covered here.

SmartSky Files $1B Lawsuit Accusing Gogo of Illegal Monopoly in ATG Market

Complaint claims Gogo forced only competitor out of air-to-ground market

SmartSky had gained only a 2% share of the ATG market, the lawsuit claims, “before being forced to cease operations despite having a far superior product.

SmartSky $1B Lawsuit Accuses Gogo of Illegal Monopoly

2024 Corporate Aviation Leadership Summit

Jessica Reed

News and issues relating to business, corporate and private aviation, primarily regarding turbine-engine-powered airplanes and helicopters. Subjects include aircraft, engines, maintenance, operations, personnel, acquisitions, accidents, safety, security, and training.

MoU outlines plans to work on next-gen connectivity technologies, such as Honeywell’s JetWave X Satcom system

Honeywell and Sino Jet To Partner on Connectivity Tech

STC approval was granted in late August

Starlink Connectivity Reaches Gulfstream GIV Fleet

Service provider Gogo has 27 STC packages under development for business aircraft

OneWeb Low-earth-orbit Satcom Set To Launch on January 1

Company offers customized cabins for large VVIP aircraft

Greenpoint Highlights Oasis and AeroSuite Interiors

Charles Alcock

News and issues about aviation maintenance, repair and overhaul (MRO), covering all segments of the aviation industry; and modifications for aircraft and engines. Subjects include product support of aircraft, engines and avionics, MRO company mergers, acquisitions, announcements and personnel, Airworthiness Directives, Supplemental Type Certificate approvals and other topics.

The specialist engineering group is expanding its portfolio for business and VIP aircraft

AMAC Offers Starlink Comms and Missile Defense Systems

Jet Aviation also now offers Jet Card charter program in the EMEA region

Jet Aviation and Creston Team For IFE and Cabin Management

Peter Shaw-Smith

News and developments about airplanes, helicopters and unmanned air vehicles used in all varieties of operations, including airlines, military, business, commercial, general aviation and private.

News about bills, laws, regulations and other governmental decisions affecting aviation and aerospace. Topics include FAA re-authorizations, taxes on fuel and aviation activities, environmental legislation, ICAO decisions, governmental mediation of labor conflicts and World Trade Organization disputes and decisions.

In this article

SmartSky Networks

Gogo Business Aviation

More In Cabin Interior and Electronics

Honeywell and Sino Jet To Partner on Connectivity Tech

MoU outlines plans to work on next-gen connectivity technologies, such as Honeywell’s JetWave X Satcom system

Starlink Connectivity Reaches Gulfstream GIV Fleet

STC approval was granted in late August

OneWeb Low-earth-orbit Satcom Set To Launch on January 1

Service provider Gogo has 27 STC packages under development for business aircraft

Greenpoint Highlights Oasis and AeroSuite Interiors

Company offers customized cabins for large VVIP aircraft

AMAC Offers Starlink Comms and Missile Defense Systems

The specialist engineering group is expanding its portfolio for business and VIP aircraft

Jet Aviation and Creston Team For IFE and Cabin Management

Jet Aviation also now offers Jet Card charter program in the EMEA region

Middle East Is Hallowed Ground for Lufthansa Technik’s VIP Unit

Widebody aircraft predominate in the region

Satcom Direct Buy Boosts Gogo into Orbit

Move opens new markets for airborne connectivity offerings

AIN Products

SUBSCRIPTIONS

RESOURCES

ABOUT AIN