By the definitions of the federal airport access laws, if DL is not accommodated at DAL and they choose to enter the market, they absolutely are a new entrant at the airport.
A new entrant to an airport is one that doesn't serve that airport at the time. Virgin is no more of a new entrant to the US market or the DFW metroplex than DL is right now. The DOJ simply made its own rules but which do not eliminate the rules that already exist for how DAL has to be run, including both the 2006 agreement that allowed longhaul domestic flights to be added from DAL in the first place - and which WN signed - and federal airport access laws - which DAL recognized when it created the agreement which all five of the parties signed.
You two indict yourselves by the fact that keep trying so hard to prove me wrong when you are so hopelessly clueless about what the laws are that actually govern the process.
The DOJ could offer preferential access to two gates at DAL but it cannot and did not eliminate the right that other airlines including DL have to serve the airport.
Remember that the DOJ touted before the trial that never happened that it didn't have time to prepare because of the federal shutdown. this situation is proof positive they were right and they will end up doing more harm to WN than WN ever could have received at DCA and LGA. DL, which was shut out of the DCA/LGA process, is only to happen to take advantage of the DOJ's incompetence at WN's expense.
DL will be at DAL; the DOJ just set the bar for how much service a new entrant can add by allowing a new entrant to take 10% of the gates at an airport; and WN and VX absolutely will have to accommodate other airlines who choose to expand at DAL.
Further, WN is now faced with making DAL a success and being subjected to a wave of new airlines that will want to start service there.
Those are facts and you two can't seem to grasp that the very reason that DL's schedules are still there is because DL is absolutely in the legal right to insist that it be given access to DAL regardless of what the DOJ did.