### 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 allia nce 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 tr aveled business market, especially due to the

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

these two important cities. Business trav elers 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 passe ngers 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 it s 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 serv ices 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 schedule 5 

### 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 sl ots 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 WillEnhance Alliance Competition at HeathrowSource: August 2010 schedules.Exhibit DL-101Page 1 of 1Heathrow Departure Share by Allianceoneworld ATI,47%Star ATI, 25%SkyTeam ATI,5%All Other, 23%BostonDelta Has a Strong Presence in BostonDelta is Boston’s LargestGlobal Network AirlineSource: August 2010 schedules.Exhibit DL-201Page 1 of 157,98053,49848,65128,31815,491010,00020,00030,00040,00050,00060,00070,000Delta US Airways American United ContinentalWeekly Departing Seats From BostonGlobal Network AirlinesDelta Has a Strong Presence in BostonDelta Serves More Destinations from Boston Than Any Other GlobalNetwork AirlineSource: July 2010 through May 2011 schedules (excluding destinations scheduled to be dropped).17 171253024681012141618Delta US Airways American United ContinentalNonstop Destinations From BostonGlobal Network AirlinesExhibit DL-202Page 1 of 1CVGCVGCVGCVGCMHCMHINDINDTo AMSTo AMSTo AMSTo AMSTo BDATo BDATo BDATo BDATo BDATo BDADCADCALGALGARDURDURDURDUATLATLDTWMSPMSPMEMLASLASSLCSLCTo CUNTo CUNTo CUNTo CUNTo CUNTo CUNJFKJFKJFKJFKMCODelta Has a Strong Presence in BostonDelta Serves 17 PointsNonstop From BostonSource: July 2010 through May 2011 schedules.BOSExhibit DL-203Page 1 of 1Delta and Its Joint Venture Partners Have a Proven TrackRecord of Transatlantic Service From Boston.Sources: DOT T100 data; schedule data.• Boston-Amsterdam: Operated by Delta/Northwest continuously for morethan 20 years.• Boston-Paris: Operated by Air France continuously since June 1998.• Boston-Rome: Operated by Alitalia on a seasonal basis from summer2004 through summer 2007; upgraded to year round service beginningin summer 2008.Exhibit DL-204Page 1 of 1As Boston’s Transatlantic Market Leader, Delta and itsJoint Venture Partners are Best Positioned toChallenge AA/BA.Source: MIDT, YE July 2010.28%26%25%5%3%0%5%10%15%20%25%30%DL/AF/KL/AZ AA/BA/IB UA/CO/LH/LX Virgin Atlantic Aer LingusBoston Point-of-OriginTransatlantic Booking ShareExhibit DL-205Page 1 of 1Delta’s Boston Sky Club Provides Travelers With aComfortable Pre-Flight EnvironmentExhibit DL-206Page 1 of 1Delta’s Boston – Heathrow #1 Nonstop ScheduleSummer SeasonDL 270DailyBoeing 767-300ERFlight NumberFrequencyEquipmentDL 271DailyBoeing 767-300ER190006456:45132510307:55Boston (BOS)Heathrow (LHR)Elapsed Time+1GMT (-4)GMT (+1)Note: All times are local.Exhibit DL-207Page 1 of 2Delta’s Boston – Heathrow #1 Nonstop ScheduleWinter SeasonDL 270DailyBoeing 767-300ERFlight NumberFrequencyEquipmentDL 271DailyBoeing 767-300ER185506456:50134510308:15Boston (BOS)Heathrow (LHR)Elapsed Time+1GMT (-5)GMT (+0)Note: All times are local.Exhibit DL-207Page 2 of 2Delta’s Boston – Heathrow #1 Nonstop Service ProposalAnnual Operating StatisticsAircraftDeparturesSegment Miles (statute miles)Segment KilometersPlane Miles (statute miles)Plane KilometersASMsASKsFuel Consumption (millions of gallons)Fuel Consumption (millions of liters)Boeing 767-300ER7303,2655,2542,383,4503,835,420514,825,200828,450,7207.829.5Statement on fuel availability: Delta anticipates no difficultyin obtaining fuelfrom suppliers at Boston or Heathrow.Exhibit DL-208Page 1 of 1Delta’s Boeing 767-300 aircraftare FAR 36 Stage 3 compliant.Delta’s Boston – Heathrow #2 Nonstop ScheduleSummer SeasonDL 144DailyBoeing 767-300ERFlight NumberFrequencyEquipmentDL 145DailyBoeing 767-300ER215009356:45162513307:55Boston (BOS)Heathrow (LHR)Elapsed Time+1GMT (-4)GMT (+1)Note: All times are local.Exhibit DL-209Page 1 of 2Delta’s Boston – Heathrow #2 Nonstop ScheduleWinter SeasonDL 144DailyBoeing 767-300ERFlight NumberFrequencyEquipmentDL 145DailyBoeing 767-300ER214509356:50164513308:15Boston (BOS)Heathrow (LHR)Elapsed Time+1GMT (-5)GMT (+0)Note: All times are local.Exhibit DL-209Page 2 of 2Delta’s Boston – Heathrow #2 Nonstop Service ProposalAnnual Operating StatisticsAircraftDeparturesSegment Miles (statute miles)Segment KilometersPlane Miles (statute miles)Plane KilometersASMsASKsFuel Consumption (millions of gallons)Fuel Consumption (millions of liters)Boeing 767-300ER7303,2655,2542,383,4503,835,420514,825,200828,450,7207.829.5Statement on fuel availability: Delta anticipates no difficultyin obtaining fuelfrom suppliers at Boston or Heathrow.Exhibit DL-210Page 1 of 1Delta’s Boeing 767-300 aircraftare FAR 36 Stage 3 compliant.Delta’s Boeing 767-300ER Seating DiagramBusiness Elite ClassEconomy ClassTotal35181216Seating ConfigurationExhibit DL-211Page 1 of 1MiamiDelta is the Best Positioned Airline to Challenge AA/BADelta is the #2 Airline in Miami Behind AmericanSource: August 2010 schedules.22,2539,9899,0628,2606,54505,00010,00015,00020,00025,000Delta Continental US Airways TAM AVIANCAWeekly Departing Seats From MiamiTop Five Airlines After AmericanExhibit DL-301Page 1 of 1JFKJFKDCADCAATLATLCVGCVGDTWMSPMSPMEMDelta Has a Strong Presence in MiamiDelta Serves 7 Points Nonstop From MiamiSource: July 2010 through May 2011 schedules.MIAExhibit DL-302Page 1 of 1As Miami’s #2 Transatlantic Competitor, Delta and itsJoint Venture Partners are Best Positioned toChallenge AA/BA.Source: MIDT, YE July 2010.36%27%20%4% 4%0%5%10%15%20%25%30%35%40%AA/BA/IB DL/AF/KL/AZ UA/CO/LH/LX Air Europa Virgin AtlanticMiami Point-of-OriginTransatlantic Booking Share•Miami-Paris: Operated by Air Francecontinuously for more than 20 years.•Miami-Rome: Operated by Alitalia sinceMarch 2008.•Miami-Milan: Launched by Alitalia in June2010.Delta’s Joint Venture Partners Have anEstablished Transatlantic Presence at MiamiExhibit DL-303Page 1 of 1Delta’s New Miami Sky Club Provides Travelers With aComfortable Pre-Flight EnvironmentDelta’s new Miami Sky Club opened in 2009 and features:•complimentary Wi-Fi, personal work stations, andconference rooms•other amenities, including a shower suite,satellite TV, a luggage room and complimentarysnacks and beverages.Exhibit DL-304Page 1 of 1Delta’s Miami – Heathrow Nonstop ScheduleSummer SeasonDL 260DailyBoeing 767-300ERFlight NumberFrequencyEquipmentDL 261DailyBoeing 767-300ER173007309:001525102010:05Miami (MIA)Heathrow (LHR)Elapsed Time+1GMT (-4)GMT (+1)Note: All times are local.Exhibit DL-305Page 1 of 2Delta’s Miami – Heathrow Nonstop ScheduleWinter SeasonDL 260DailyBoeing 767-300ERFlight NumberFrequencyEquipmentDL 261DailyBoeing 767-300ER181007508:401610102010:50Miami (MIA)Heathrow (LHR)Elapsed Time+1GMT (-5)GMT (+0)Note: All times are local.Exhibit DL-305Page 2 of 2Delta’s Miami – Heathrow Nonstop Service ProposalAnnual Operating StatisticsAircraftDeparturesSegment Miles (statute miles)Segment KilometersPlane Miles (statute miles)Plane KilometersASMsASKsFuel Consumption (millions of gallons)Fuel Consumption (millions of liters)Boeing 767-300ER7304,4257,1213,230,2505,198,330697,734,0001,122,839,28010.740.5Statement on fuel availability: Delta anticipates no difficultyin obtaining fuelfrom suppliers at Miami or Heathrow.Exhibit DL-306Page 1 of 1Delta’s Boeing 767-300 aircraftare FAR 36 Stage 3 compliant.Delta’s Boeing 767-300ER Seating DiagramBusiness Elite ClassEconomy ClassTotal35181216Seating ConfigurationExhibit DL-307Page 1 of 1SkyTeam’s Heathrow Loungeand Delta’s New Flat BedBusinessElite SeatsSkyTeam’s Heathrow LoungeExhibit DL-401Page 1 of 1Delta’s New Flat Bed BusinessElite Seats ProvideTravelers With the Ultimate in ComfortDelta’s brand new flat bedseats offer extra legroom, privacy, and aisle access. They recline afull 180 degrees and are horizontal to the floor,creating a completely flat bed.At every BusinessElite seat customers enjoy:• new bedding, featuringa full-size pillowand quilted duvet comforter• personal in-flight entertainment• PC power• gourmet food & wine pairings.Exhibit DL-402Page 1 of 2Delta’s New Flat Bed BusinessElite Seats ProvideTravelers With the Ultimate in ComfortExhibit DL-402Page 2 of 2

# Competition Rx

remedies & compliance 

# SLOT REQUEST APPLICATION FORM

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

Yes/ No YES Please confirm you are making a

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

# Competition Rx

remedies & compliance 

# SLOT REQUEST APPLICATION FORM

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 e ffective 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: Ma naging Director – Government Affairs

and Associate General Counsel

Page | 2

Version 1.2

– 17 August 2010

# Competition Rx

remedies & compliance 

# DOT WAIVER



# DOT Waiver

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



## European Commission / US Depart ment 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 necessar y 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 “Par ties”) in case COMP/39.596 -

BA/AA/IB and the Monitoring Tr ustee Mandate (“Mandate”) approv ed by the Commission on 2

August 2010, to the US Department of Transpor tation (“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 Mo nitoring 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 prev ented 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 obtain ed 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 Com mitments 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 pe rmitted by law and may no t be disclosed to any

third party without notice to Delta. It is und erstood 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

# Competition Rx

remedies & compliance 

# DOT WAIVER



# DOT Waiver

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 Monito ring Trustee shall them selves maintain the

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

which is subsequently obtained from the DOT an d they shall treat all su ch 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 unle ss it is clearly identified as having been obtained from

a publicly accessible source;

(3) that the European Commission and Monito ring 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 Mand ate with respect to Delta under Council

Regulation 1/2003 and for no other purpose; and

(5) that the European Commission and Monitori ng 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 26 th 

### 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