Ost-97-2857 / US Airways [Exemption Philadelphia-London (Gatwick)] / Answer of British Airways / September 10, 1997
Application of
US AIRWAYS, INC.
for an exemption pursuant to 49 U.S.C. § 40109 [Philadelphia-London (Gatwick)]
ANSWER OF BRITISH AIRWAYS PLC
British Airways Plc ("British Airways") files this answer to the
Application of US Airways, Inc. ("US Airways") for an exemption to provide scheduled service between Philadelphia and London's Gatwick Airport.
British Airways does not have a position on the substance of US Airways' application, but to the extent that it may be relevant to this proceeding, does want to correct a significant misstatement in US Airways' application. US Airways claims that in 1993, British Airways "forced" (Application, page 2) or "required" (Application, page 6) US Airways (then USAir) to relinquish its U.S.-U.K. routes. In fact, USAir voluntarily agreed to relinquish its U.S.-U.K. routes in anticipation of governmental requirements, which materialized when the Department of Justice required the relinquishment of the routes as a condition to approval of
British Airways' investment in USAir. That requirement was embodied in a consent agreement between USAir and the Department of Justice, which was filed on March 15, 1993 and approved by the U.S. District Court for the District of Columbia on September 30, 1993.
Respectfully submitted,
Sullivan Cromwell, MARK McCALL, DARYL LIBOW, JEFFREY JACOBS, RICHARD SAWER
Counsel for British Airways Plc
September 10, 1997