Obviously physics, or even logic are something you fail to grasp. If there are no more gates, DL cannot be accomodated at DAL.
So then DL is going to try to force a judge to tell UA as to which carrier they can subliease their gates to? Incredible!
DL is not a new entrant. I have no idea why you keep on regurgitating this nonsense.
And WNs court battles to literally get off the ground is in no way shape or form similar to DLs attempts to remain at DAL.
and you fail to grasp that how DAL decides to allocate its gates is irrelevant to its requirements to accommodate new entrant carriers.
You'll recall that when the two gates had to be divested from AA, DL argued that they should be common use and noted that DAL is one of a very few airports in the country that has NO common use gates.
WN clearly did not want common use gates because they could be used to accommodate new entrant carriers.
Quit focusing on the gates; the are not the issue and it won't matter in court.
DAL's responsibilities are to have facilities to accommodate new entrants and non-incumbent carriers.
DAL went thru a meaningless motion to tell UA to accommodate DL and then UA messed with its own schedule in violation of DAL's requirements and subleased gates to WN.
If DAL has no more control over its gates and cannot enforce federal law, then it becomes the court's responsibility to do it.
BINGO
Although I think a more accurate statement would be along the lines of: I had my car parked in your driveway last week (or in your assigned parking space if you live in an apartment) - would you please move it so I can park my car there again.
if it is an assigned spot and there are no requirements that the apt. owner provide space for another tenant, then you are right.
that analogy doesn't work because it does not represent the situation at DAL where DAL is required to accommodate other carriers REGARDLESS of the gate leases it has signed.
It will be DAL's responsibility to force all carriers to accommodate DL which would mean if DL's operations are spread across all 20 gates, WN COULD face a higher burden for accommodating DL than if they had just let UA bear the burden on their own. or it may be that UA alone has to bear the burden of accommodating a non-gate holding airline.
either way, I can absolutely assure you that DL will prevail in arguing that DAL cannot lease out all of its gates and then selectively tell non-incumbent airlines that they can't be accommodated all the while allowing incumbent carriers to sublease gates to each other.
I don't expect you to agree with me. but that is ok. I won't be trying the case if and likely when it goes to court.