OST-97-2965 / OST-97-2966 / Undocketed / American and Iberia (US-Spain and beyond codeshare) / OST-96-1700 / American and TACA (codeshare) / OST-97-2058 / American and British Airways (alliance agreement) / OST-97-2054 / OST-97-2055 / OST-97-2056 / OST-97-2057 / American and British Airways (exemptions et al.) / October 21, 1997
Applications of
AMERICAN AIRLINES, INC.
and
IBERIA LINEAS AERES DE ESPANA, S.A.
for exemptions and Statements of Authorization (U.S.-Spain and beyond code-sharing)
AMERICAN AIRLINES, INC., et al.
And
THE TACA GROUP
RECIPROCAL CODE-SHARE SERVICES PROCEEDING
Joint Application of
AMERICAN AIRLINES, INC.
and
BRITISH AIRWAYS PLC
under 49 U.S.C. §§ 41308 and 41309 for approval of and antitrust immunity for alliance agreement
Joint Application of
AMERICAN AIRLINES, INC.
and
BRITISH AIRWAYS PLC
for exemptions, certificate authority, undocketed foreign air carrier permit authority, and statements of authorization
ANSWER OF DELTA AIR LINES, INC. TO MOTION OF AMERICAN AIRLINES, INC.
Answer of Delta Air Lines, Inc. Page 2
Delta Air Lines, Inc. ("Delta ) hereby responds to the
October 20, 1997 Motion of American Airlines, Inc. ("American") to strike and for sanctions against Delta for allegedly violating the Department's confidentiality procedures. American's motion has no merit and should be denied.
American has attempted to subvert the salient facts pertaining to Delta's filing. First, at all times Delta protected the confidentiality of the information. No confidential information was publicly disclosed in violation of the Department's procedures. Second, Delta's use of the information was for the purpose of participating in the AA/BA proceeding. Delta's Answer was a consolidated pleading filed in the American/British Airways docket, which Delta included in the caption of the pleading. Third, only those persons who filed confidentiality affidavits in the American/British Airways case were served a copy of the confidential version of Delta's pleading.
The essence of Delta's filing was that the American/Iberia alliance is an integral part of American's master alliance strategy, and that it should receive consolidated consideration with AA/BA and AA/TACA. American's effort to divert attention from the complex and troubling competitive issues of the intertwined American/British Airways, American/TACA and American/Iberia Alliances, and to avoid a comprehensive analysis of the overlapping and interrelated alliances must be rejected.
Answer of Delta Air Lines, Inc. Page 3
Placed in its proper context, American's motion is nothing more than an attempt to transform a procedural triviality into another false claim of abuse of the Department's confidentiality procedures. 1/ This claim has no more merit than American's previous assertions of abuse, which Delta repudiated in its September 25, 1997 consolidated answer in OST-97-2058 at pages 13-14. The information discussed in Delta's filing has a direct and substantive bearing on the AA/BA proceeding and on how the Department should evaluate American's proposed alliances. Furthermore, Delta fully protected the confidentiality of this information, and provided it only to the Department and AAIBA affidavit holders. In these circumstances, American's motion lacks substance and should be denied.
1/ In a related form-over-substance argument, American raises issues pertaining to the status of Mr. Van der Bellen's affidavit when he reviewed documents. However, as explained in the
September 18, 1997 cover letter to the Department resubmitting Mr. Van der Bellen's affidavit, he had completed an affidavit for filing in January 1997, but the Department did not begin accepting affidavits in the Docket until after the issuance of Order 97-3-42. Mr. Van der Bellen considered himself bound by and acted consistently with terms of the confidentiality affidavit commencing in January 1997.
Answer of Delta Air Lines, Inc. Page 4
WHEREFORE, for the foregoing reasons, Delta urges that American's motion be denied.
Respectfully Submitted,
SHAW PITTMAN, Robert Cohn, Alexander Van der Bellen
Counsel for DELTA AIR LINES, INC.