I think the DOT will concede on this one airport, if they don't there are going to be A LOT of very powerfull, very pissed off people in DC looking for heads to roll.
it is JUST the nation's capital and really doesn't matter, right?
There really isn't an antitrust issue here. If anything, there is an antitrust issue if US is forced to pull down smaller cities as that will leave just UA in many non-stop markets from the DCA/IAD area. The issues is all "optics" and the politics of having Government employees determine winners and losers, in lieu of the marketplace.
Just curious, how many slots and gates and at what airports was DL forced to divest when it acquired NW?
With all due respect, the decision about whether the issue is an ATI issue or not is not yours and not mine to make but the DOJ’s in consultation with the DOT.
Given that there have been multiple mergers or asset transactions that have involved slot restricted airports with required divestitures, the idea that AA/US should be exempt is really laughable.
DL did not have any divestitures at LGA or DCA because it did not exceed 25% of the slots; it was the slot deal that pushed DL to just under 50%. Read that again. Even AFTER the slot deal, DL had less than 50% of the slots at LGA and it was still required to divest slots before. US has 55% of the slots at DCA; new UA was required to divest the equivalent of PMUA’s slot portfolio in order to the get the merger passed involving EWR.
Parker has to pull out all the stops in the hopes of keeping the combined US-AA slot portfolio at DCA. If he fails, and new AA has to divest slots equal to the number currently held by AA (keeping new AA at the same number of slots as US), then a lot of people will ask him why he was so hell-bent to give DL so many LGA slots. If he succeeds at keeping most or all of the AA slots at DCA, then the DCA-LGA slot swap won't look quite as moronic in retrospect.
Had the DCA-LGA slot swap not been consumated, then new AA would have the largest number of LGA slots (about half of them following the inevitable gov't mandated divistitures) and new AA would have the largest number of DCA slots (about half of them). New AA would be the biggest at LGA and DCA.
Instead, new AA will be a distant second to DL at LGA and will probably be in the same position at DCA as US currently holds (about half the slots) once Parker loses the arguments and is forced to divest a substantial number of DCA slots (roughly equal to AA's current DCA holdings).
The whole slot deal is mind-boggling given that US talked for so long about wanting to merge with AA. Not only did he set US up to have so many slots at DCA that it would be impossible to merge or even gain another slot thru a route case, but he also signed away a big chunk of US’ facilities at LGA which will make it impossible to find a common terminal for the combined AA/US.
It still doesn’t change that DL gained about 3X more LGA slots than the same number as US gained; US got the promise of a slot pair at GRU and $60M but the Brazil route case has ground to a halt, presumably because the DOT is not stupid enough to accept the argument that AA and US should be considered separately in the route case even while they are processing the merger application.
Given that eight pairs of slots went for about $40M IIRC, the cash value of the slots that US agreed to was horribly short of what the market could have born.
There seems to be little about the slot deal that US did with the forethought of the AA merger or with any sense of the value of what they were trading away.
Part of the analysis is not simply "number of slots" but also "number of seats". I know a saw a statistic somewhere that the combined AA-US would have a majority of slots but not more than 50% of the seats. Again, the majority of the existing US slots are commuter slots that can only be used on flights with fewer than 76 seats (I think that's the upper limit).
Some divestitures will surely be required -- the politics dictate that even if I disagree with it personally on other grounds. The question is how many and of what type. Of course, if the DOJ requires too many to be divested, it could always be fought in court. While I doubt the company would choose this path, it's always a possibility.
It is a GIVEN that AA/US will divest. If the DOT/DOJ don’t require divestment, they are setting up the case to say that anyone can come up w/ an argument as to why antitrust laws should not apply to them, esp. since slot divestitures have become so common in the airline industry.
If the DOJ/DOT doesn’t act, they are practically inviting DL to buy B6 since DL+B6 would have a smaller percent of JFK slots than AA/US would have at DCA.
The slot swap was a different transaction than a merger with one carrier in bankruptcy, so I wouldn't necessarily assume the same logic applies in this case.
I go back to my previous question. I'm a US FF. Where is the letter / petition that I can sign?
No, the slot swap was no different from a merger with respect to market concentration issues which is what the DOJ is focused on.
They don’t care how one carrier gains the slots but they sure do care about the total amount of slots that a carrier will end up with. For one carrier to end up with 2/3 of the slots at any airport and be able to further add to them simply won’t be allowed, no matter how many letters you or any Senators want to write.
It doesn’t change that it would be very easy for the DOT to stipulate that a certain percent of the slots that US divests must be used for service to cities that do not presently have nonstop service to DCA, including potentially a list of the cities that AA/US has gained support from legislators to retain.
But there is absolutely nothing that says that other carriers cannot serve those cities.
Further, there is nothing that says AA/US needs to serve all of the medium or large cities that it currently serves separately from DCA.
AA/US has focused on small city service as if we are all supposed to accept that their current medium/large city use of slots at DCA is not to be questioned when it very much will be under scrutiny.
If AA/US feels they need to serve a number of small cities, then they can reduce their large/medium size schedule to fit within the requirements the DOT/DOJ establish for the maximum number of slots that they can hold at DCA – which will be less than the combined total of both.
In fact, AA/US argument about the necessity of serving small cities actually helps their network competitors since WN and B6 won’t be able to serve those kinds of cities because of their airplane size.
DL and UA certainly can with their regional jets so it is very possible that continued focus on small cities only forces more and more slots out of B6 and WN’s reach and into the hands of network carriers; remember that DL served several small cities from DCA before the slot deal. DL has said they expect to benefit from the divestitures required under AA/US which will likely include the ability to serve some of the cities that AA/US serve now.