BEFORE THE 

EUROPEAN COMMISSION 

and the 

U.S. DEPARTMENT OF TRANSPORTATION 

Application of 

 DELTA AIR LINES, INC. 

 

for an allocation of U.S.-London Slots 

(Boston-Heathrow and Miami-Heathrow) 

) 

) 

) 

) 

) 

) 

) 

) 

European Commission 

CASE COMP/F-1/39.596 – 

AA/BA/IB 

DOT-OST-2008-0252 

APPLICATION OF DELTA AIR LINES, INC. 

Communications with respect to this document should be addressed to: 

 

Glen Hauenstein 

Executive Vice President – Network Planning 

 & Revenue Management 

DELTA AIR LINES, INC. 

1040 Delta Boulevard 

Atlanta, Georgia 30354 

Robert J. Cortelyou 

Senior Vice President – Network Planning 

Jeff Lobl, Managing Director – International 

 Network Planning 

DELTA AIR LINES, INC. 

1030 Delta Boulevard 

Atlanta, Georgia 30320 

Andrea Fischer Newman 

Senior Vice President – Government Affairs 

DELTA AIR LINES, INC. 

1212 New York Avenue, N.W. 

Washington, D.C. 20005 

Alexander Van der Bellen 

Managing Director – Government Affairs 

 & Associate General Counsel 

Jeff Morgan 

Regional Director – Government Affairs 

DELTA AIR LINES, INC. 

1212 New York Avenue, N.W. 

Washington, D.C. 20005 

(202) 842-4184 

sascha.vanderbellen@delta.com

August 26, 2010 
BEFORE THE 

EUROPEAN COMMISSION 

and the 

U.S. DEPARTMENT OF TRANSPORTATION 

Application of 

 DELTA AIR LINES, INC. 

 

for an allocation of U.S.-London Slots 

(Boston-Heathrow and Miami-Heathrow) 

) 

) 

) 

) 

) 

) 

) 

) 

European Commission 

CASE COMP/F-1/39.596 – 

AA/BA/IB 

DOT-OST-2008-0252 

APPLICATION OF DELTA AIR LINES, INC. 

Pursuant to the Slot Release Procedure established by the Monitoring Trustee and 

U.S. DOT Order 2010-7-8, Delta Air Lines, Inc. (“Delta”) hereby provides notice of its intent 

to seek two (2) pairs of London Heathrow slots to operate twice daily year-round BostonHeathrow service, and one (1) pair of London Heathrow slots to operate daily year-round 

Miami-Heathrow service. Delta’s proposed new services, offered in concert with its 

SkyTeam transatlantic partners,1

 will provide the most effective competitive discipline to the 

American/British Airways/Iberia oneworld alliance on the identified nonstop overlap routes. 

Delta’s efforts to compete in the U.S.-London marketplace have been frustrated by 

the inability to obtain a sufficient number of Heathrow slots at commercially viable times at 

commercially reasonable rates. Together, Delta and its SkyTeam transatlantic partners hold 

only 5 percent of Heathrow slots, compared to 47 percent for the oneworld immunized group 

and 25 percent for the Star immunized group.2

 DL-101. Allocating Delta two slot pairs for 

Boston-Heathrow service and one slot pair for Miami-Heathrow service will significantly 

enhance competition on these routes and between the major alliances. Id. 

 

1 Air France, KLM, Alitalia, CSA.

2 Delta notes that US Airways is also a Star member which maintains codeshare 

arrangements with bmi, the second-largest London Heathrow slot holder. 
Application of Delta 

Page 2 

I. Boston-London Heathrow 

 Boston-Heathrow is one of the largest U.S.-Heathrow markets with over 270,000 

annual passengers. Today, American and British Airways are the two largest competitors 

on the route, with each offering three daily flights. Following approval of the alliance, all 

competition between American and British Airways will cease, resulting in a single carrier 

with six daily nonstop flights. 

The Commission and the U.S. Department of Transportation have each found that 

the resulting oneworld alliance combination, together with the unique entry barriers at 

Heathrow, poses a threat to consumers who will have fewer competitive choices and face 

potentially higher fares. Therefore, the alliance applicants have been required to divest two 

sets of slot pairs to facilitate new nonstop entry on the Boston-Heathrow route. 

Delta respectfully submits that the strongest and most effective competition to the 

AA/BA alliance would be created by awarding two sets of slot pairs to Delta for twice daily 

service. Boston-Heathrow is a heavily traveled business market, especially due to the 

strong communities of interest between the financial services and technology industries in 

these two important cities. Business travelers demand regular and frequent service – and a 

new entrant carrier with just one daily flight would be at a significant competitive 

disadvantage to the combined alliance incumbents with six daily flights. By enabling Delta 

to enter the market with two flights, Delta will be a much more formidable challenger to 

oneworld by operating flights in both the early and late evening peak demand periods: 

• Boston-Heathrow #1: Depart BOS 1900 Arrive LHR 0645 

Depart LHR 1030 Arrive BOS 1325 

• Boston-Heathrow #2: Depart BOS 2150 Arrive LHR 0935 

Depart LHR 1330 Arrive BOS 1625 
Application of Delta 

Page 3 

 

While it is Delta’s preference to operate two Boston-Heathrow flights, Delta would 

accept a single pair of slots. If Delta is awarded only a single slot pair, it requests service #1, 

above.3

 Delta submits that its twice-daily service proposal would produce the greatest 

benefits to the traveling public. 

Delta’s existing competitive presence in Boston makes Delta a strong choice to 

effectively challenge AA/BA on the Boston-Heathrow route. Delta is the second-largest 

carrier at Boston (behind JetBlue). From Boston, Delta operates 75 peak-day departures 

serving 17 nonstop destinations. DL-201-203. It is also the only U.S. carrier at Boston 

besides American to offer nonstop transatlantic service (to Amsterdam). Delta’s SkyTeam 

joint venture partners operate nonstop service on Boston-Paris (by Air France) and BostonRome (by Alitalia), further enhancing SkyTeam’s competitiveness at Boston. DL-204-205. 

As a result of its substantial Boston presence, Delta has established corporate and agency 

contracts that will enhance Delta’s prospects for competing successfully and effectively 

against AA/BA at Heathrow. As noted above, Boston-Heathrow is a heavily traveled 

business market and the advantages of frequency and incumbency are stacked heavily in 

oneworld’s favor. 

Delta plans to operate 216-seat Boeing 767-300ER aircraft equipped with 35 

BusinessElite and 181 coach seats. Delta’s U.S.-Heathrow services feature new, state-ofthe-art flat bed seats, video on demand entertainment system, and award-winning food and 

wine service.4

 DL-401, 402. Delta’s Boston terminal is a modern and efficient facility with a 

large and attractive Sky Club lounge. DL-206. These amenities are very important in 

3 Note: Depicted schedules are for summer season, in local time. See exhibits for winter. 

4 Delta is in the process of equipping its international long-haul fleet with flat bed seats, and 

will be modifying additional 767-300 aircraft over the winter. Boston-Heathrow is a high 

priority market and Delta expects to be able to offer flat bed seats when it introduces service 

in summer, 2011. 
Application of Delta 

Page 4 

competing for Boston-Heathrow business passengers who are most impacted by the loss of 

nonstop competition on the route. 

II. Miami-London Heathrow 

Miami-Heathrow is another large and important U.S.-London market where the 

proposed alliance will result in a reduction of nonstop competition. British Airways offers two 

daily flights and American offers between one and two flights a day, depending on the 

season. Virgin Atlantic is also a nonstop competitor on the route. American and British 

Airways operate strong hubs on both ends of route, providing network feed and support for 

their nonstop services. 

As Florida’s largest carrier, Delta and its SkyTeam partners are well-positioned to 

provide effective competition to AA/BA on the Miami-London route. Despite not having a 

hub at Miami, Delta commands a strong #2 position to American in terms of sales presence 

and frequent flyer membership. DL-301, 302. Delta has close to 2 million resident frequent 

flyer members in South Florida. Delta’s domestic presence at Miami and in South Florida is 

further enhanced by the existing transatlantic services of its SkyTeam partners, Air France – 

which provides daily Miami-Paris service – and Alitalia – which provides Miami-Milan and 

Miami-Rome service. DL-303. The addition of Miami-London Heathrow service to the 

SkyTeam Joint Venture will make it a credible challenger to AA/BA alliance at Miami. 

Delta and SkyTeam will be strong competitors in the local Miami-Heathrow market -- 

and will also be able to challenge AA/BA and Iberia in important Latin American markets 

behind Miami. oneworld uses American’s Miami hub to project its alliance services 

between Europe and South and Central America. Additional Delta SkyTeam and codeshare 

partners including Aeromexico and Avianca intersect at Miami where they can offer onward 

connections to Latin America. Thus, an award to Delta and SkyTeam will enhance alliance 

network competition between London and Latin America. 
Application of Delta 

Page 5 

 

Delta plans to operate 216-seat Boeing 767-300 aircraft equipped with 35 

BusinessElite and 181 coach seats. Delta will introduce its flat bed product to the MiamiHeathrow market as aircraft upgrades are competed, and all service will feature video on 

demand as well as Delta’s award-winning food and wine service. Delta’s new Miami Sky 

Club was just unveiled last year. It was designed by Miami architect Rodriguez & Quiroga

and is outfitted with Maurice Villency furniture, providing a spacious and comfortable 

environment. DL-304. As with Boston, these amenities are important in competing for 

Miami-Heathrow business passengers who are impacted by the loss of nonstop competition 

on the route. 

Delta’s proposed Miami-Heathrow schedule5

 is as follows: 

Depart MIA 1730 Arrive LHR 0730 

Depart LHR 1020 Arrive MIA 1525 

III. Additional Information 

Delta satisfies the Commission’s threshold qualifications for application. Delta is not 

part of the oneworld alliance. Delta does not lease out any slots at London Heathrow, and 

has not exchanged out any viable transatlantic slots in the requested operating window. As 

required, Delta will also pursue the requested slots through the standard IATA process. 

Delta has issued a press release announcing its proposed Heathrow services and is 

not requesting anonymity in connection with this application. At the appropriate time, Delta 

will submit the requested business information under seal on a confidential basis to both the 

Commission and U.S. DOT. The Slot Release Procedure forms as well as exhibits 

containing additional information on Delta’s proposal are attached hereto. 

5 Summer season, local times. See exhibits for winter. 
Application of Delta 

Page 6 

IV. Conclusion 

For the foregoing reasons, Delta requests two slot pairs to provide twice daily 

Boston-Heathrow service, and one pair of slots for daily Miami-Heathrow service. 

 Respectfully submitted,

_________________________________ 

Alexander Van der Bellen 

Managing Director, Government Affairs 

 & Associate General Counsel 

DELTA AIR LINES, INC. 
Selection of Delta’s Boston and Miami Proposals Will 

Enhance Alliance Competition at Heathrow

Source: August 2010 schedules.

Heathrow Departure Share by Alliance

on

Star ATI, 25%

Sk

yTeam ATI, 

5%

All Other, 23%
Boston
Delta Has a Strong Presence in Boston

Delta is Boston’s Largest Global Network Airline

Source: August 2010 schedules.

57,980

53,498

48,651

28,318

0

10,00020,00030,00040,00050,00060,00070,000

Delta US Airways American United 

Weekly Departing Seats From BostonGlobal Network Airlines
Delta Has a Strong Presence in Boston

Delta Serves More Destinations from Boston Than Any Other GlobalNetwork Airline

Source: July 2010 through May 2011 schedules (excluding destinations scheduled to be dropped). 

17 17

12

5

02468

1012141618

Delta US Airways American United 

Nonstop Destinations From BostonGlobal Network Airlines
CVG CVG CVG CVG

CMH CMH IND IND

DCA DCA

RDU RDU RDU RDU

ATL ATL

DTW

MSP MSP

MEM

LAS LAS

SLC SLC

To CUN To CUN To CUN To CUN To CUN To CUN

MC

Delta Has a Strong Presence in BostonDelta Serves 17 Points Nonstop From Boston

Source: July 2010 through May 2011 schedules.
Delta and Its Joint Venture Partners Have a Proven Track 

Record of Transatlantic Service From Boston

.Sources: DOT T100 data; schedule data. 

• Boston-Amsterdam: Operated by Delta/Northwest continuously for 

than 20 years.

• Boston-Paris: Operated by Air France continuously since June 199

• Boston-Rome: Operated by Alitalia on a seasonal basis from summ

2004 through summer 2007; upgraded to year round service beginnin summer 2008. 
As Boston’s Transatlantic Market Leader, Delta and its

Joint Venture Partners are Best Positioned to Challenge AA/BA

.Source: MIDT, YE July 2010.

28%

26%

25%

5%

0%5%

10%15%20%25%30%

DL/AF/KL/AZ AA/BA/IB UA/CO/LH/LX Virgin Atlantic 

Boston Point-of-OriginTransatlantic Booking Share
Delta’s Boston Sky Club Provides Travelers With a

Comfortable Pre-Flight Environment
Delta’s Boston – Heathrow #1 Nonstop Schedule 

Summer Season

DL 270

Daily

Boeing 767-300ER

Flight Number

Frequency

Equipment

DL 2

Dail

Boeing 767

1900

0645

6:45

1325

1030

7:55

Boston (BOS)

Heathrow (LHR)

Elapsed Time

+1

GMT (-4)

GMT (+1)

Note: All times are local.
Delta’s Boston – Heathrow #1 Nonstop Schedule 

Winter Season

DL 270

Daily

Boeing 767-300ER

Flight Number

Frequency

Equipment

DL 2

Dail

Boeing 767

1855

0645

6:50

1345

1030

8:15

Boston (BOS)

Heathrow (LHR)

Elapsed Time

+1

GMT (-5)

GMT (+0)

Note: All times are local.
Delta’s Boston – Heathrow #1 Nonstop Service Proposal

Annual Operating Statistics

AircraftDeparturesSegment Miles (statute miles)Segment KilometersPlane Miles (statute miles)Plane KilometersASMsASKsFuel Consumption (millions of gallons)Fuel Consumption (millions of liters)

Boeing 767-300ER

730

3,2655,254

2,383,4503,835,420

514,825,200828,450,720

7.8

29.5

Statement on fuel availability: Delta anticipates no difficulty in obtaining fue

from suppliers at Boston or Heathrow.

Delta’s Boeing 767-300 aircraft are FAR 36 Stage 3 compliant.
Delta’s Boston – Heathrow #2 Nonstop Schedule 

Summer Season

DL 144

Daily

Boeing 767-300ER

Flight Number

Frequency

Equipment

DL 1

Dail

Boeing 767

2150

0935

6:45

1625

1330

7:55

Boston (BOS)

Heathrow (LHR)

Elapsed Time

+1

GMT (-4)

GMT (+1)

Note: All times are local.
Delta’s Boston – Heathrow #2 Nonstop Schedule 

Winter Season

DL 144

Daily

Boeing 767-300ER

Flight Number

Frequency

Equipment

DL 1

Dail

Boeing 767

2145

0935

6:50

1645

1330

8:15

Boston (BOS)

Heathrow (LHR)

Elapsed Time

+1

GMT (-5)

GMT (+0)

Note: All times are local.
Delta’s Boston – Heathrow #2 Nonstop Service Proposal

Annual Operating Statistics

AircraftDeparturesSegment Miles (statute miles)Segment KilometersPlane Miles (statute miles)Plane KilometersASMsASKsFuel Consumption (millions of gallons)Fuel Consumption (millions of liters)

Boeing 767-300ER

730

3,2655,254

2,383,4503,835,420

514,825,200828,450,720

7.8

29.5

Statement on fuel availability: Delta anticipates no difficulty in obtaining fue

from suppliers at Boston or Heathrow.

Delta’s Boeing 767-300 aircraft are FAR 36 Stage 3 compliant.
Delta’s Boeing 767-300ER Seating Diagram

Business Elite ClassEconomy ClassTotal

35

181216

Seating Configuration
Miami
Delta is the Best Positioned Airline to Challenge AA/BA

Delta is the #2 Airline in Miami Behind American

Source: August 2010 schedules.

22,253

9,989 9,062 8,260

0

5,000

10,00015,00020,00025,000

Delta Continental US Airways TAM 

Weekly Departing Seats From MiamiTop Five Airlines After American
JFK JFK

DCA DCA

ATL ATL

CVG CVG

DTW

MSP MSP

MEM

Delta Has a Strong Presence in MiamiDelta Serves 7 Points Nonstop From Miami

Source: July 2010 through May 2011 schedules.

MIA
As Miami’s #2 Transatlantic Competitor, Delta and its

Joint Venture Partners are Best Positioned to Challenge AA/BA

.Source: MIDT, YE July 2010.

36%

27%

20%

4% 

0%5%

10%15%20%25%30%35%40%

AA/BA/IB DL/AF/KL/AZ UA/CO/LH/LX Air Europa 

Miami Point-of-OriginTransatlantic Booking Share

• Miami-Paris: Operated by Air 

continuously for more than 2

• Miami-Rome: Operated by Ali

March 2008.

• Miami-Milan: Launched by Al

2010.

Delta’s Joint Venture Partn

Established Transatlantic Pre
Delta’s New Miami Sky Club Provides Travelers With a

Comfortable Pre-Flight Environment

Delta’s new Miami Sky Club opened in 2009 and features:

• complimentary Wi-Fi, personal work stations, and 

conference rooms 

• other amenities, including a shower suite, 

satellite TV, a luggage room and complimentary snacks and beverages.
Delta’s Miami – Heathrow Nonstop Schedule 

Summer Season

DL 260

Daily

Boeing 767-300ER

Flight Number

Frequency

Equipment

DL 2

Dail

Boeing 767

1730

0730

9:00

1525

1020

10:0

Miami (MIA)

Heathrow (LHR)

Elapsed Time

+1

GMT (-4)

GMT (+1)

Note: All times are local.
Delta’s Miami – Heathrow Nonstop Schedule 

Winter Season

DL 260

Daily

Boeing 767-300ER

Flight Number

Frequency

Equipment

DL 2

Dail

Boeing 767

1810

0750

8:40

1610

1020

10:5

Miami (MIA)

Heathrow (LHR)

Elapsed Time

+1

GMT (-5)

GMT (+0)

Note: All times are local.
Delta’s Miami – Heathrow Nonstop Service Proposal

Annual Operating Statistics

AircraftDeparturesSegment Miles (statute miles)Segment KilometersPlane Miles (statute miles)Plane KilometersASMsASKsFuel Consumption (millions of gallons)Fuel Consumption (millions of liters)

Boeing 767-300ER

730

4,4257,121

3,230,2505,198,330

697,734,000

1,122,839,280

10.740.5

Statement on fuel availability: Delta anticipates no difficulty in obtaining fue

from suppliers at Miami or Heathrow.

Delta’s Boeing 767-300 aircraft are FAR 36 Stage 3 compliant.
Delta’s Boeing 767-300ER Seating Diagram

Business Elite ClassEconomy ClassTotal

35

181216

Seating Configuration
SkyTeam’s Heathrow Loung

and Delta’s New Flat Bed 

BusinessElite Seats 
SkyTeam’s Heathrow Lounge
Delta’s New Flat Bed BusinessElite Seats Provide

Travelers With the Ultimate in Comfort

Delta’s brand new flat bed seats offer extra leg room, privacy, and aisle access. They recline a full 180 degrees and are horizontal to the floor, creating a completely flat bed. 

At every BusinessElite seat c

• new bedding, featurin

and quilted duvet com

• personal in-flight ente• PC power• gourmet food & wine 
Delta’s New Flat Bed BusinessElite Seats Provide

Travelers With the Ultimate in Comfort
CompetitionRx

SLOT REQUEST APPLICATION FORM   remedies & compliance

For Monitoring Trustee Use only

Date application received

Unique application number

A: Applicant details for IATA Summer Season 2011

Name of applicant Airline

(including trading name):

Delta Air Lines, Inc.

Address of applicant: 1030 Delta Boulevard, Atlanta, GA 30320 USA

IATA Code of airline applicant: DL

Contact information: Name: Alexander Van der Bellen

Email: sascha.vanderbellen@delta.com

Telephone: +1‐202‐842‐4184

Fax: +1‐202‐289‐6834

Do you wish for the slot application to

be anonymous under clause 1.3.3 of the

Commitments

Please write  

yes or no: NO

B: Operating Licences

Do you hold an operating licence? Yes/No  YES

If yes, What date is it effective? 30 September 1988

If yes, what is your operating licence

number?

DALA 026A

If yes, which country of issue? United States

C: Applicant details

Please confirm you are making a Yes/ No  YES

parallel application under the General

Slot Allocation Procedures Reference number of application

to the FAA:  N/A

Please provide a copy of your SCR to ACL

(for LHR) and ACL’s response:  Delta will

contact the ACL in the normal course and

advise of the results.

Please confirm that you are

independent of the Parties.

YES

Please confirm that you are providing a

completed and signed DOT Waiver with

your completed Application Form.

YES

Page | 1 

Version 1.2 – 17 August 2010  
CompetitionRx

SLOT REQUEST APPLICATION FORM   remedies & compliance

D.1  Slot application details

Route Time of London

Arrival Slot Request  

Time of London

Departure Slot

Request  

Weekly frequency IATA

(yes/no)  YES

Origin (London)

airport

Destination (USA)

airport

UTC (hh:mm)  

Summer / Winter

UTC (hh:mm)  

Summer / Winter

1 2 3 4 5 6 7

LHR BOS 0545 / 0645 0930 / 1030 

LHR BOS 0835 / 0935 1230 / 1330 

LHR MIA 0630 / 0750 0920 / 1020 

D.2  If the destination airport is New York JFK please provide the following information

Route   Time of NY Arrival

Slot Request  

Time of NY

Departure Slot

Request  

Weekly frequency IATA

(yes/no)

Destination/Departure  (London)  

airport

UTC (hh:mm) UTC (hh:mm) 1 2 3 4 5 6 7

D.3  Please provide a list of leased out or exchanged slots at the London airports  

        (and where applicable New York JFK)

Route Time of London

Arrival Slot

Request  

Time of London

Departure Slot Request  

Weekly frequency IATA

(yes/no)

Date concluded Origin

airport

Destination

airport

UTC (hh:mm) UTC (hh:mm) 1 2 3 4 5 6 7

1. Delta has no slots leased out. 

2. Excluded Slots Approved by ACL on 8/18/10 effective 10/31/10 – 3/26/11 

 Slots exchanged out 2300Z Arrival and 2305Z Departure (so-called “junk” slots awarded by ACL to 

 facilitate exchange). 

 Slots exchanged in 

Monday ATL 1015Z Arrival and 1145Z Departure ATL 

Tuesday DTW 1105Z Arrival and 1250Z Departure DTW 

Wednesday ATL 0835Z Arrival and 1005Z Departure ATL 

Thursday DTW 1205Z Arrival and 1350Z Departure DTW 

Friday ATL 1015Z Arrival and 1205Z Departure ATL 

Saturday ATL 1015Z Arrival and 1145Z Departure ATL 

Sunday DTW 1105Z Arrival and 1305Z Departure DTW 

Signed: Date: August 26, 2010 

Name: Alexander Van der Bellen Title: Managing Director – Government Affairs 

and Associate General Counsel 

Page | 2 

Version 1.2 – 17 August 2010  
CompetitionRx

DOT DOTWAIVER Waiver    remedies & compliance

European Commission Case COMP/39.596- BA/AA/IB 

European Commission / US Department of Transportation Waiver 

1. Waiver 

1.1 Delta Air Lines, Inc. (“Delta”), with its registered address at 1030 Delta Boulevard, Atlanta GA 

30320, confirms that it agrees to waive the confidentiality restrictions which govern the 

European Commission under EC Council Regulation 1/2003 and the other applicable laws (the 

“confidentiality rules”) to the extent necessary to permit the European Commission and the 

Monitoring Trustee (CompetitionRx Limited) to disclose, for the purposes of the implementation 

of the Commitments dated 14 July 2010 entered into by British Airways Plc, American Airlines 

Inc. and Iberia Lineas Aéreas de Espana S.A. (together the “Parties”) in case COMP/39.596 -

BA/AA/IB and the Monitoring Trustee Mandate (“Mandate”) approved by the Commission on 2 

August 2010, to the US Department of Transportation (“DOT”) any information obtained from 

Delta. 

1.2 Specifically, Delta agrees that the staff of the European Commission and the staff of the 

Monitoring Trustee and other members of the Monitoring Trustee team may share with the DOT 

any documents, statements, data and information, supplied by Delta as well as any internal 

analyses of the Commission or Monitoring Trustee containing or referring to any of the materials 

or information provided by Delta or any of its advisers to the European Commission or Monitoring 

Trustee, that would otherwise be prevented by the confidentiality rules. 

2. Caveat 

2.1 This letter does not constitute a waiver by Delta of its rights under the confidentiality rules with 

respect to the protection afforded to it against the direct or indirect disclosure of information to 

any third party other than the DOT. 

2.2 This waiver is limited to information obtained by the European Commission and Monitoring 

Trustee in relation to their review and assessment of information provided by Delta in connection 

with the implementation of the Commitments and Mandate. 

3 Conditions 

Use of information by the DOT 

3.1 For the avoidance of doubt, information transmitted pursuant to this waiver may be used by the 

DOT only for the purposes set out in the Commitments and Mandate and for no other purpose. 

Disclosure is made openly on the basis and subject to the express condition that such information 

remains confidential to the DOT to the extent permitted by law and may not be disclosed to any 

third party without notice to Delta. It is understood and agreed that failure by the DOT to 

comply with the foregoing does not engender any liability on the part of the European 

Commission, Monitoring Trustee or members of the Monitoring Trustee team. 

Page | 1 

Word Version 1.2  

17 August 2010
CompetitionRx

DOT DOTWAIVER Waiver    remedies & compliance

Use of information by the European Commission and Monitoring Trustee 

3.2 This waiver is subject to the following conditions: 

(1) that the European Commission and Monitoring Trustee shall themselves maintain the 

confidentiality of the information and/or documentation provided to the DOT by Delta and 

which is subsequently obtained from the DOT and they shall treat all such information as if 

it had been obtained directly from Delta; 

(2) that the European Commission and Monitoring Trustee shall consider all the information 

and/or documentation obtained from the DOT pursuant to this waiver as confidential 

information or business secrets unless it is clearly identified as having been obtained from 

a publicly accessible source; 

(3) that the European Commission and Monitoring Trustee shall not make any information 

and/or documentation obtained from the DOT available to any third parties including 

competitors, customers or suppliers of Delta; 

(4) that the information and/or documentation obtained from the DOT shall only be used for 

the purposes of the review by the European Commission and the Monitoring Trustee of the 

implementation of the Commitments and Mandate with respect to Delta under Council 

Regulation 1/2003 and for no other purpose; and 

(5) that the European Commission and Monitoring Trustee shall not disclose to the DOT any 

information or documentation obtained from Delta in relation to which Delta has asserted 

a claim of legal or client/attorney privilege in the US and that is clearly identified as being 

subject to such privilege. It is understood and agreed that Delta is responsible for 

informing the European Commission and Monitoring Trustee of the existence of such 

privileged information. 

Signed in Washington D.C., USA on August 26, 2010 by the duly authorised representative of Delta. 

Alexander Van der Bellen 

Managing Director-Government Affairs & Associate 

General Counsel, Delta Air Lines, Inc. 

Please send the completed signed Waiver to the Monitoring Trustee with your completed

Slot Request Application Form.

Page | 2 

Word Version 1.2  

17 August 2010
CERTIFICATE OF SERVICE 

 A copy of the foregoing document has been served this 26th day of August, 2010, 

upon the following persons via email: 

BAAAIB.trustee@competitionrx.com 

matthew.gaved@competitionrx.com 

stephen.wainright@sdgworld.net 

linsey.mc-callum@ec.europa.eu 

todd.homan@dot.gov 

peter.irvine@dot.gov 

grady.stone@dot.gov 

esta.rosenberg@dot.gov 

byerlyjr@state.gov 

rob.hawks@faa.gov 

7-AWA-Slotadmin@faa.gov 

john.allen@faa.gov 

anita.mosner@hklaw.com 

carl.nelson@aa.com 

jeff.ogar@aa.com 

paul.jasinski@ba.com 

libowd@sullcrom.com 

dhainbach@ggh-airlaw.com 

wkaras@steptoe.com 

sami.sarelius@finnair.fi 

mholland@condonlaw.com 

dan.weiss@coair.com 

hkamen@coair.com 

steve.morrissey@united.com 

jeffrey.manley@united.com 

howard.kass@usairways.com 

benjamin.slocum@usairways.com 

info@airlineinfo.com