REPLY

OF HUBERT HORAN TO JOINT APPLICANTS

SECOND MOTION TO STRIKE CONFIDENTIALITY

AFFIDAVIT

JOINT APPLICATION

OF: ALt NIPPON

AIRWAYS

CO., LTD. CONTTNENTAL

AtRLtNES.

tNC. and UNITED

AtR LINES, INC. UNDER 49 U.S.C.

55 41308 AND 41309 FOR APPROVAL

AND ANTITRUST

IMMUNITY

FOR ALLIANCE

AGREEMENTS

DOCKET DOT-OST-2009

0350

US.JAPAN

ALTIANCE

CASE DOCKEI DOT-O5T,2OIO,OO59 7 Aoril 2010

On 16 February 2010, at docket

2009-0350-0012,

I submitted

a confidentiatity

a{Jidavit pursuant to the Department's

rules under 14 CFR 302.12. On 24 February,

All Nippon

Airways, ContinentalAirlines

and United Air Linee (the "Star Applicanrs")

at docket

2009,0350-0015,

filed a motion

ro srnKe my confidentiality

aftidavit,

and deny me a((ess to data subject to a motion

for confidential

treatment

in this cate. On 2 March

2010, at do(ket

2009,0350-0018,

I replied to rhe Star

Applicants,

motion, requesting

that the Department

reaffirm myoriginal

confidentiality

aftjdavit,

and .eject

he Joint

Applicants

motjon to strike. On 31 March

2010, at docket

2010-0059-0010

the Star Applicants

Jiled a se(ond motion, repeating theirFebruary

request thatthe Department

deny me accers

to data subject to a motion

Jorconfidentialtreatment

in this care. Infling thi5 reply to the Star

Applicant's

second motion, I would again request that the Department

reaffirm myoriginal(ontidentiality affidavit,

and reject

the Joint

Applic;nts

motion to slr|Ke,

The Department

should reject he Star Applicants,

two motion5

to strike because in two Jilings

theyhave not identilied

any reasons why myaccess

to this data would threaten

it5 confidentiality

or create

any risks to lheir business.

I fully undefitand

and respe<t

the reasons

why the Department

places careful limits on sensitive data, and have

followed,

and will continue

to follow

the Department3

rules regarding

data subject to a motion

for con{idential

treatment.

TheDepartment

should not strike

my confidentiality atfidavit unless theApplicants

can produce evidence thatthe statements

in mV affidavit and these subtequent

motions are false.

Furthermore,

the Department

should recognize

that Star Applicant5'claim

that I am not an ,,interested party" to this case is {ondamentally

labe.I have

a legitimate

interest in the <ompetitive,

antitrurt and industry economic

issues raised by this case, an interest

demonstrated

by my professionalexperience, past publications,

and submissions

in other (ares. As someone

who has manaqed

both immunized

alliance networks

and Japan based tran5pacjlic

networks,

I amespecially

qualilie;

to analyze

the data myaffidavit would grant me access

to, data that i5 central to some of the Star

Applicants,

basic claims. This clearly meets the standard

that I have

an interest

"greater than the general

interest the public

as a whole may have." The Star Applicants'

tailed to provide

any evidence supporting

their assertion that granting

my affidavit would 'expand exponentially"

the number

oJpeople

eligibie to review

data subject to 14 CFR 

### 302. r2.

Thus I request that the Department

formally reject he Star Applicanty

motion to strike,

and to ensure that thetwo month

delay caused by the Star Applicant5'

multiple filings of unsubstantiated

claim5 doet not does not impair

my ability

to review

and comment

on the data.

Rejpectf ully submitted



# ?,1,/,ethlaHubert HoranCERTIFICATE OF SERVICE A copy of the foregoing

was served on 7 April

carl.nel50n@aa,com; jeffrey.ogar@aa.com; cjsimpgon@zsrlaw.(om; dmendeBbee@zs

aw.aom; mlbenge@zsrlaw.com; rbkeiner@crowell-(om; gmurphy@crowell.com; lhalloway@crowell.com; mrosia@crowell.com; lhomas.bolling@coair.com; hkamen@coair.com; bru(e.rabinovitz@wilmerhale.com; david.heffernan@wilmerhale.(om; jetf rey.man

ley@united.com; julie.oettinger@united.(om; benjamin.rlocum@uiairways.(om; howard_kars@usairways.com; donna.kooperstein@usdoj.gov; jill.pta<ek@usdoj.gov; mike,orr@airlineinJo.com; byerlyjr@state.gov recohn@hhlaw.com; anita.moser@hklaw,com; sophy.chen@hklaw.com; kquinn@pillsburywinthrop.com; rpommer@atlar.air; charters@evergreenairlinei.(om; russell.bailey@alpa.org; dkirstein@yklaw.com; jyoung@yklaw.(om; upon thefollowing

pe6ons via email:

sametta.c.baanett@delta.com; jell.morgan@delta.com; scott.mcclain@delta.<om; jhill@dowlohne5.com; n5sparks@fedex.com; anbird@fedex.com; kevin.montgomery@polaraircargo.com; rsilverberg@sgbd(.com; mgoldman@sgbdc.com; dvaughn@kelleydrye.(orn; eSauer@ssd,com; todd.homan@dot.gov; peter.irvine@dot.9ov; wkaras@steptoe.com; cgosain@5teptoe.com; john.allen@faa.gov; recohn@hhlaw.com; prriz2i@hhlaw.com; kquinn@pillsburywinthrop.com; bob.kneisley@wnco.com; robert.land@jetblue.com; pmurphy@lopmurPhY.com; m(millin@woa.com; matwood@sherblackwel l.(om; cdonley@ssd.com; mgini(k@ssd.com; bill@mietuslaw.com; absteinberg@jone5day.com; etaberman@wileyrein-com;



# ?[r,Q%u"r--

Hubert Horan

7 April 2010