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OST-98-3615

US Airways, Inc. against The Government of the United Kingdom

OST-98-3615 | March 12, 1998

pdficon.gif (87 bytes)Complaint of US Airways and Request for Expedited Treatment

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If the U.S. Government fails to take action, the it would effectively permit British Airways to perpetuate its current monopoly service between London and Charlotte, and to continue receiving its extraordinary benefits under Bermuda II (while new U.S. entrants like US Airways are being frozen out of London service with the U.K. Government's tacit approval despite their designation by the U.S. Government).

Answers are due by March 17, 1998

Service List

Counsel:  US Airways and O'Melveney Myers, Donald Bliss, 202-383-5300


US Airways, Inc. against The Government of the United Kingdom

Order 98-3-18 | OST-98-3615 | Issued and Served March 18, 1998

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We invite interested parties to file answers to the complaint of US Airways no later that March 23, 1998 and if answers are filed, replies to those answers should be filed no later that March 25, 1998.

By:  Charles Hunnicutt


US Airways, Inc. against The Government of the United Kingdom / American Airlines, Inc. and British Airways Plc

OST-98-3615 | OST-97-2058 | March 23, 1998

pdficon.gif (87 bytes)Answer of Delta Air Lines

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US Airway's complaint underscores the concerns expressed by Delta and others about the highly restrictive conditions applicable to U.S. carrier access to London's airports, the impact of those restrictions on the Department's consideration of the joint application of British Airways and American Airlines for approval of an antitrust immunized alliance, and the importance of addressing London airport access problems in bilateral negotiations with the U.K. The United Kingdom now has the distinction of being the largest and most restrictive U.S. bilateral aviation regime. The Bermuda II agreement severely restricts the number of authorized U.S. carriers, the airports they can serve and the capacity they can offer. Wholly apart from the bilateral agreement, there are de facto barriers to entry at London's airports due to the lack of airport slots and facilities.

Counsel:  Delta and Shaw Pittman, Robert Cohn, 202-663-8060


US Airways, Inc. against The Government of the United Kingdom

OST-98-3615 | March 25, 1998

pdficon.gif (87 bytes)Answer of United Kingdom, Diplomatic Note 59

pdficon.gif (87 bytes)Reply of US Airways

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During the course of the day, March 25, the Gatwick slot coordinator has contacted US Airways regarding US Airways' request for timely and competitive slots at Gatwick. Some progress has been made, but, at this point, it is not clear whether US Airways will obtain the timely and competitive Gatwick slots it requires to have a "fair and equal opportunity to compete" with British Airways' current monopoly on this route. If and when US Airways obtains timely and competitive slots at Gatwick in support of its Charlotte service, it will supplement the record in this Docket.

Counsel:  US Airways and O'Melveny Myers, Donald Bliss, 202-383-5300

pdficon.gif (87 bytes)Correspondence from Senators Lauch Faircloth and Jesse Helms to Madeline Albright


US Airways, Inc. against The Government of The United Kingdom

Order 98-5-13 | OST-98-3615 | Issued May 15, 1998 | Served May 15, 1998

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We extend through June 10, 1998, the period for taking action on the complaint of US Airways.

By:  Charles Hunnicutt


US Airways, Inc. against The Government of the United Kingdom

OST-98-3615 | May 19, 1998

pdficon.gif (87 bytes)Motion for Leave and Response of US Airways to Order 98-5-13

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The U.K's actions, in concert with British Airways, make a mockery out of "open skies" rhetoric and completely undermine the statements made to Congress and others that Gatwick is an accessible airport and slots are available at Heathrow for new entrant competitors.

Exhibit A:  Letter to Graham Pendlebury, UK International Aviation Negotiations, April 17, 1998

Counsel:  US Airways and O'Melveny Myers, Donald Bliss, 202-383-5300


US Airways against The Government of the United Kingdom

Order 98-6-11 | OST-98-3615 | Issued June 10, 1998 | Served June 16, 1998

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The continuing inability of U.S Airways to utilize the U.S.'s bilateral right to serve the Charlotte-London market, which now is only served by British Airways, has been a source of great concern to the U. S. government, and a problem upon which we place a high priority for solution. We continue to emphasize to the U.K. government the importance of a resolution of this issue. We have carefully reviewed the posture of the US Airways complaint, including the fact that since the submission of US Airways' response further critical discussions aimed at achieving resolution of the complaint have been occurring. In these circumstances, we have decided that the public interest is best served by extending for an additional 30 days the period within which we must act on US Airways' complaint.

By:  Charles Hunnicutt


US Airways against The Government of the United Kingdom

Order 98-7-7 | OST-98-3615 | Issued July 10, 1998 | Served July 15, 1998

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Extends through August 9, 1998 the period for taking action on the complaint of US Airways.

By: Charles Hunnicutt


US Airways, Inc. against The Government of the United Kingdom

Order 98-8-7 | OST-98-3615 | Issued August 7, 1998 | Served August 13, 1998

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We extend through September 8, 1998 the period for taking action on the complaint of US Airways

By:  Charles Hunnicutt


US Airways, Inc. against The Government of the United Kingdom

OST-98-3615 | September 1, 1998

pdficon.gif (87 bytes)Motion of US Airways to Dismiss Without Prejudice Its Complaint Against The Government of The United Kingdom

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US Airways has recently obtained a personal assurance from Secretary of Transportation Slater that the U.S. Government will continue to work diligently to obtain commercially viable access to Gatwick for US Airways' daily CLT-LGW service on a year-round basis. With this personal commitment from Secretary Slater, US Airways hereby moves the Department to dismiss its Complaint against the U.K. Government without prejudice to US Airways' right to renew its Complaint should the efforts of the U.S. Government continue to fail to obtain commercially viable, year-round access at Gatwick for this service.

Counsel:  US Airways and O'Melveny Myers, Joel Burton, 202-383-5300


US Airways, Inc. against The Government of the United Kingdom

Order 98-9-19
OST-98-3615
Issued September 18, 1998

Served September 25, 1998

pdficon.gif (87 bytes)Order Dismissing Complaint and Terminating Proceeding  

By this order, we grant the motion of US Airways, Inc., to dismiss its complaint against the Government of the United Kingdom, and we terminate the proceeding in the captioned docket.

By: Charles Hunnicutt


Complaint of US Airways against the The Governemnt of The United Kingdom

OST-98-3615 November 3, 1998 State of North Carolina James B. Hunt Jr.,Governor Office of the Governor US Airways Compalint against the UK
  November 3, 1998 The Secretary of Transportation - Correspondence  
  Added Nov. 10 Ex. Parte Letter to The Honorable John McCain - Correspondence  

PDF File Available When Department Makes It So.


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