robbed,
B6 is the largest domestic airline at JFK and in total boardings. DL's combined NYC operation makes them the largest domestic airline at all 3 airports while UA is the largest int'l airline.
DL doesn't have a majority of slots at any NYC airport which means it can't have a majority of the total slots.
AA does have a majority of slots at DCA but the DOJ told DL and UA they couldn't acquire any further slots at DCA while allowing new AA to increase its size at LGA, JFK, and EWR thru the merger.
Add in that the gate divestitures was 2 at every airport regardless of the competitive situation and the DOJ appears to be making up rules as it goes.
And the bigger issue and one which I'm sure is being challenged is where the DOJ thinks it has legal authority to dictate what types of carriers can serve a market. The US domestic aviation market was deregulated 35 years ago and the government is not allowed to influence the pricing of the market. I am very certain that DL and perhaps others are challenging the DOJ's notion that they can award slots at airports based on the type of carrier- legacy or LCC, esp. since the DOJ justified its actions based on their perceived collusion in the market.
Ironically, it was AA/US who were targeted for colluding based on their stated intent to eliminate US'Advantage fares and yet the DOJ is extrapolating the comments between AA/US to mean that none of the legacy airlines compete.
DL and perhaps others are undoubtedly vigorously challenging both the DOJ's assumptions and conclusions and that is likely why the rest of the slot divestiture is taking so long.
Like any well-run company, DL is going to protect its interests. Given that AA/US is the last major merger, DL is not going to allow structural advantages barriers to be created that are contrary to DL's interests.