"...and the wheels on the bus go round & round...."
99 bottles of beer on the wall (or milk if you are dealing with kids)....
Yea WT, SWA got to the DOJ prior to the merger announcement and talked the DOJ into their current restrictions called out by the DOJ for the merger of AA and US, Now that is just reaching and grasping out of the air, but classic of you. Once again the DOJ is not pushing DL out. Their requirements are not for non LCC airlines, therefore, Delta will not receive the 2 gates. For the mere fact that Delta has been leasing the rights to fly at LF from AA, is just going to end up being a result of the restrictions being applied. Basically Delta will be the fall guy of the AA and US merger as far as these two gates are concerned. It has absolutely nothing to do with someone trying to run Delta out of DAL LF, period...
sorry, but DL isn't willing to be the fall guy for the AA/US merger and there is no legal basis that they should be. The gate lease from AA is not the issue; the issue is that the DOJ decided that DL could not bid on those gates and will pick a carrier that either already serves DFW and likely won't really add new growth to the Metroplex as much as move what it has OR it will be WN which already controls a large portion of DAL already.
Either way, it is a farce to argue that the DOJ is promoting competition.
The DOJ accused AA/US of colluding or signaling regarding plans to reduce service and eliminate certain fare products. They made no accusation of any other airline including DL.
To argue that DL should be the fall guy for AA/US' actions is exactly the recipe DL needs to prove that the DOJ has no basis for imposing its order that legacy airlines could not bid on the divested assets. The assumption the DOJ was flawed and led to a flawed order.
You just Love quoting what the DOJ can and can't do under the Deregulation Act...
Keep in mind the intent of the Act was to abolish the CAB, and transfer the few remaining powers over to the DOT.
You might want to also recognize that the AT division of the DOJ may have a much freer hand than you give them credit for (which in itself is a problem, but not one created by the 1978 ADA).
wrong... deregulation removed the US government from the position of choosing carriers based on their ability to price and add service in the market and that is the essential issue at stake in the AA/US divestiture order including the DAL gate divestiture.
Antitrust regulation is very much a part of the role of the DOJ - but airline deregulation had nothing to do with it. Antitrust regulation is no different for airlines than from any other industry.
The problem with the DOJ's order is that they chose to say who could and could not serve a market; show me where in other merger cases they have succeeded at reshaping an industry based on a divestiture award. Divestiture requirements as a result of mergers are fairly common; picking and choosing who can and cannot serve a market is the problem and is not supported by any laws that the DOJ are supposed to follow.
DL will continue to push on that issue unless it can gain as much of DAL's assets to serve what it wants.