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 aconfidentiatity 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 my original confidentiality aftjdavit, and .ejecthe Joint Applicants motjon to

strike. On 31 March 2010, at docket 2010-0059-0010 theStar Applicants Jiled a se(ond motion, repeating

their February request that the Department deny me accers to data subject to a motion Jor confidentialtreatment in this care. In fling thi5 reply to the Star Applicant's second motion, Iwould again request that

the Department reaffirm my original(ontidentiality affidavit, and reject the Joint Applic;nts motion to

slr|Ke,

The Department should rejecthe Star Applicants, two motion5 to strike because in two Jilings they have

not identilied any reasons why my access 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. The Department should not strike my confidentiality

atfidavit unless the Applicants can produce evidence that the 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 am especially qualilie; to analyze the data my affidavit

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 oJ people eligibie to review data subject to 14 CFR

302. r2.

Thus Irequest that the Department formally rejecthe Star Applicanty motion to strike, and to ensure

that the two 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,/,e thlaHubert Horan
CERTIFICATE 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 the following 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