What appeal is that?WorldTraveler said:The DOJ has not given DAL any exemption to DOT competition requirements. They simply have not There is no law that provides for any airport including DAL/DFW to provide access based on whether a carrier serves another in a region. The DOJ made an interpretation without precedent. See how long that stands up in court. Further, the DOJ's decision to allow only LCCs to bid on AA/US assets is completely against deregulation and will easily fall on appeal. Don't get too comfortable hiding behind the the DOJ and don't try to put words in their mouth that they did not say.
And don't you get too comfortable hiding behind the DOT while you and Delta both keep trying to characterize the two letters as directives.
Even the DOT says that no violation of airport access laws has been determined and that it is up to the COD to decide what to do with the LOVE Field Gates.
"I note, as I have in the past, that it is the City's responsibility to decide how to act on Delta's requests. The City, of course, must make this decision in compliance with the grant assurances and its other legal obligations. DOT has expressed its views to the City on this subject and also given guidance about some aspects of those obligations. Ultimately, however, it is the City that must make a decision, and I urge you to do so in a reasonable and timely manner."
Kathryn B. Thomson
The letters are an unlawful interference meant to coerce the COD to break the WARA, the five party agreement and the Love Field leases.
WN wont need an appeal to prove that.
85. In its latest communications with the City, Delta:
a. claims that the City must follow the First DOT Letter as a formal agency
h. argues that the First DOT Letter is a final and binding directive;