BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Similar documents
BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

TRANSPAIS AÉREO, S.A. de C.V.

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

AEROFRISCO, S.A. de C.V.

GOF-AIR, S.A. de C.V.

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

AEROLINEAS MARCOS, S.A. de C.V.

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Charles A. Hunnicutt G. Brent Connor

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

SERVICIOS AÉREOS ILSA, S.A. de C.V.

AEROSERVICIOS EJECUTIVOS CORPORATIVOS, S.A. de C.V.

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

AERO QUIMMCO, S.A. de C.V.

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

BEFORE THE OFFICE OF THE SECRETARY U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Applicant: EUROWINGS LUFTVERKEHRS AG (Eurowings) Date Filed: July 16, 2014

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

BEFORE THE FEDERAL AVIATION ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. COMMENTS OF CANADIAN AIRLINES INTERNATIONAL LTD.

APPLICATION OF FOR STATEMENT OF AUTHORIZATION AND EXEMPTION BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

1 (open skies codeshare operations) 1

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. APPLICATION OF QATAR AIRWAYS QCSC FOR A STATEMENT OF AUTHORIZATION

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

APPLICATION FOR AN EXEMPTION. Communications with respect to this document should be sent to:

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. APPLICATION OF CARIBBEAN AIRLINES LIMITED FOR AN EXEMPTION

WASHINGTON, APPLICATION OF AEROVIAS DE MEXICO, S.A. DE C.V. FOR RENEWAL OF EXEMPTION AUTHORITY

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) ) ) ) ) ) ) ) )

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Alliances, Open Skies And Antitrust Immunity

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ANSWER OF DELTA AIR LINES, INC. TO OBJECTIONS

ORIGINAL BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. APPLICATION FOR EMERGENCY EXEMPTION AUTHORITY

The Joint Applicants request the Department of Transportation's (Department)

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

REGULATORY POLICY SEMINAR ON LIBERALIZATION POLICY AND IMPLEMENTATION PORT OF SPAIN, TRINIDAD AND TOBAGO, APRIL, 2004

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D. C.

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) ) ) ) ) ) )

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

See, e.g., Notices of Action Taken dated March 6, 2015 in

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. APPLICATION OF TRANS ISLAND AIRWAYS LTD. FOR AN EXEMPTION

Transport Learning Week 2006 Maritime & Air Transport

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ANSWER OF DELTA AIR LINES, INC.

XX Blanket statements of authorization in order to engage in the following code-share services:

Joint Application of CONTINENTAL, UNITED, and AVIANCA, filed 8/29/2011 for:

BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. APPLICATION OF. ABC AEROLÍNEAS, S.A. de C.V., d/b/a INTERJET FOR AN EXEMPTION

The Power of Partnering

action on the carrier's application for certificate authority for these markets filed

DECISIONS ON AIR TRANSPORT LICENCES AND ROUTE LICENCES 4/99

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. APPLICATION OF FOR A STATEMENT OF AUTHORIZATION

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) ) ) ) ) ) ) ) ) ) )

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ANSWER OF AMERICAN AIRLINES, INC. TO ORDER

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) ) ) ) ) ) APPLICATION OF ANTONOV AIRLINES FOR AN EMERGENCY EXEMPTION

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) ) ) ) ) ) ) ) ) ) APPLICATION OF DELTA AIR LINES, INC. FOR EXEMPTION AUTHORITY

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Airline Alliances and Systems Competition Houston Law Review Symposium 30 Years of Airline Deregulation

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Etihad Airways P.J.S.C.

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. APPLICATION OF UNITED AIRLINES, INC. FOR RENEWAL AND AMENDMENT OF CERTIFICATE AUTHORITY

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) ) ) ) ) ) ) ) APPLICATION OF ANTONOV AIRLINES FOR AN EMERGENCY EXEMPTION

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. APPLICATION OF FRONTIER AIRLINES, INC. FOR RENEWAL OF AN EXEMPTION

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) ) ) ) ) ) ) ) APPLICATION OF ANTONOV AIRLINES FOR AN EMERGENCY EXEMPTION

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. COMMENTS OF DEUTSCHE LUFTHANSA AG

DEPARTMENT OF JUSTICE

Issued by the Department of Transportation on the 12 th day of February, 2016 FINAL ORDER ISSUING INTERSTATE CERTIFICATE

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) ) ) ) ) ) ) ) APPLICATION OF ANTONOV AIRLINES FOR AN EMERGENCY EXEMPTION

The entry into force of the EU-US. US Open Skies Agreement. Pablo Mendes de Leon Airneth Annual Conference, 17 April 2008

Before the U.S. DEPARTMENT OF STATE OFFICE OF THE SECRETARY Washington, D.C ) ) ) ) ) )

Antitrust Review of Mergers and Alliances

November 1, 2010 VIA HAND DELIVERY

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

The Multilateral Agreement on the Liberalization of International Air Transportation

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Docket No. FAA ; Amendment No ; SFAR No. 77. Prohibition Against Certain Flights Within the Territory and Airspace of Iraq

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. APPLICATION OF CA.I. SECOND S.p.A. FOR AN EXEMPTION

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. CONSOLIDATED ANSWER OF DELTA AIR LINES, INC.

United States USCIS Final Rule Contains Significant Changes for AC21 Provisions

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, DC

FAA Draft Order CHG Designee Policy. Comments on the Draft Order published online for public comment

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Cleveland Hopkins International Airport Preliminary Merger Analysis

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Communications with respect to this document should be addressed to:

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Transcription:

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Joint Application of UNITED AIR LINES, INC. AND SCANDINAVIAN AIRLINES SYSTEM Docket OST-99-5251 for renewal of blanket Statements of Authorization to code-share under 14 C.F.R. Part 212 (U.S.-Scandinavia) ANSWER OF Communications with respect to this document should be sent to Rebecca G. Cox Vice President, Government Affairs 1350 I Street, N.W. Washington, DC 20005 Hershel I. Kamen Staff Vice President, International & Regulatory Affairs P.O. Box 4607 HQSGV Houston, TX 77210-4607 R. Bruce Keiner, Jr. Thomas Newton Bolling CROWELL & MORING LLP 1001 Pennsylvania Avenue, N.W. Washington, DC 20004-2595 (202) 624-2500 Counsel for Continental Airlines, Inc. May 18, 2000

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Joint Application of UNITED AIR LINES, INC. AND SCANDINAVIAN AIRLINES SYSTEM Docket OST-99-5251 for renewal of blanket Statements of Authorization to code-share under 14 C.F.R. Part 212 (U.S.-Scandinavia) ANSWER OF United, 1 an incumbent carrier at London Heathrow, proposes to expand the entrenched position of its Star Alliance at this closed airport by codesharing with SAS between New York/Newark and London Heathrow while Continental is still denied the ability to operate London Heathrow flights at New York/Newark, where it is the only hub carrier, and introduce new U.S.-flag operations on this route. The United/SAS application should be deferred until London Heathrow skies are opened to enable Continental to operate New York/Newark-London Heathrow flights with a 1 Common names are used for airlines. May 18, 2000

Page 2 frequency sufficient to compete with the U.S.-London Heathrow service provided by United and other incumbent airlines. Continental states as follows in support of its position 1. The United/SAS blanket codeshare authorization does not allow them to introduce new service by fiat. The Department said explicitly that the authority to operate to third countries is subject to the condition that any service provided under the statement of authorization shall be consistent with all applicable agreements between the United States and the foreign countries involved and should not be construed as conferring upon United rights (including code-share... rights) to serve markets where U.S. carrier rights are limited... unless and until the Department has completed any necessary carrier selection procedures to use the limited entry route rights that are included in United s authority by virtue of the blanket statement of authorization... 2 Thus, the proposed United/SAS service is expressly subject to the Department s review and consideration under the U.S.-U.K. bilateral aviation agreement and relationship, where U.S.-London Heathrow (and Gatwick) rights are limited. United itself has urged the Department to defer action on codeshare applications pending conclusion of a bilateral agreement guaranteeing the rights of U.S. carriers, including particularly United s right to 1999, at 2. 2 Department Action on Application in Docket OST-99-5251, May 24,

Page 3 offer service on the route sought, 3 and to defer a U.S.-London codesharing approval until the introduction by other carriers of significant new service between Heathrow and Gatwick Airports and the United States. 4 The same principles United has used to object to other codeshare arrangements on limited-entry routes should apply to the United/SAS London Heathrow codeshare proposal. 2. United is one of two U.S. carriers that continue to reap the benefits of highly restricted access to London Heathrow under Bermuda II. United should not be allowed to expand the scope of its advantage to include New York/Newark- London Heathrow codesharing with its Star Alliance partner, SAS, until Continental can operate competitive New York/Newark-London Heathrow flights. United s codeshare proposal with SAS would allow SAS, a London Heathrow incumbent that enjoys antitrust immunity with United and a substantial ownership stake in British Midland (the second-largest holder of London Heathrow slots), to provide London Heathrow service at Newark International Airport, Continental s primary transatlantic gateway airport, while Continental would remain without the ability to operate competitive flights. The Department should not exacerbate this 3 For example, when Northwest applied for authority to codeshare with Cyprus Airways, United objected to approval of the proposed service unless United was allowed to provide U.S.-Cyprus service with Lufthansa between the U.S. and Cyprus. (See United s November 17, 1999 answer to the joint application of Cyprus Airways and Northwest for exemptions and statements of authorization, Docket OST-99-6437, at 2) 4 See United s February 22, 2000 answer in Docket OST-99-6507, at 2.

Page 4 iniquitous competitive imbalance by allowing United and SAS to codeshare between New York/Newark and London Heathrow until U.S.-London Heathrow access is liberalized. 3. The Department should continue to endeavor to reach a comprehensive agreement with the U.K. government to open U.S.-London Heathrow routes to new competition by U.S. airlines such as Continental instead of devoting any resources to piecemeal requests for London Heathrow authority by incumbent airlines such as United and SAS. The Department must continue to seek an open-skies agreement with the U.K. government that is both comprehensive and truly effective in creating new competition on U.S.-London routes, including the most important U.S.-London route between New York/Newark and London Heathrow, where Continental will be able to provide new vigorous competition and offer hub connections. 4. Passengers and shippers on the New York/Newark-London Heathrow route urgently need a truly open agreement that will expand competition, not new codeshare service by two London Heathrow incumbents whose antitrust immunity eliminates price competition between them. Awarding more London Heathrow authority to United under these circumstances would produce no pro-competitive benefits and would increase the severe imbalance the Department must remedy under a liberalized agreement to eliminate the harm that currently exists for passengers and shippers under the Bermuda II regime. For the foregoing reasons, Continental urges the Department to defer the United/SAS application for New York/Newark-London Heathrow codeshare

Page 5 authority unless and until Continental is permitted to operate flights between New York/Newark and London Heathrow with a frequency sufficient to compete with the U.S.-London Heathrow service by United and other incumbent airlines. Respectfully submitted, CROWELL & MORING LLP R. Bruce Keiner, Jr. rbkeiner@cromor.com Thomas Newton Bolling tbolling@cromor.com Counsel for Continental Airlines, Inc. CERTIFICATE OF SERVICE I certify that I have this date served the foregoing document on counsel for United and SAS in the manner specified in the Department s Rules of Practice. May 18, 2000 1719012 Thomas Newton Bolling