DOJ DROPS SUIT AGAINST UNITED FOR NEWARK SLOT ALLOCATION

May 19, 2016

The U.S. Department of Justice (DOJ) has dropped a federal antitrust lawsuit against United Airlines after it agreed to terminate an agreement with Delta Airlines to take over twenty-four takeoff and landing slots at Newark Liberty International Airport (EWR). The announcement comes after the FAA agreed to lift slot controls at EWR after determining that the airport had additional flight capacity due to an under-utilization of existing slots. Had the United/Delta agreement gone through, Delta would have given United control of approximately 75% of the 1,230 slots available at EWR. Due to the FAA determination, EWR will be re-classified as a Level 2 airport, dropping the current Level 3 slot-controlled status and allowing for potential improvements in access to some of the most in-demand airspace in the country. According to the FAA, the reclassification from Level 3 to Level 2 could also lead to more options for local consumers.

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).

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