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BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, DC ______) Application of ) ) AMERICAN AIRLINES, INC. ) BRITISH AIRWAYS PLC ) OPENSKIES SAS ) IBERIA LÍNEAS AÉREAS DE ESPAÑA, S.A. ) Docket DOT-OST-2008-0252 FINNAIR OYJ ) AER LINGUS GROUP DAC ) ) under 49 U.S.C. §§ 41308 and 41309 for approval ) of and antitrust immunity for proposed joint ) business agreement ) ______)

COMMENTS OF JETBLUE AIRWAYS CORPORATION

Communications with respect to this document should be sent to:

Robert C. Land Senior Vice President, Government Affairs and Associate General Counsel

Adam L. Schless Director Aircraft Transactions and International Counsel Reese Davidson Manager Staff Counsel International

JETBLUE AIRWAYS CORPORATION 1212 New York Avenue, NW Suite 1212 Washington, DC 20005 (202) 715-2565 Robert.Land@jetblue.com [email protected] [email protected] November 30, 2020 BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, DC ______) Application of ) ) AMERICAN AIRLINES, INC. ) BRITISH AIRWAYS PLC ) OPENSKIES SAS ) IBERIA LÍNEAS AÉREAS DE ESPAÑA, S.A. ) Docket DOT-OST-2008-0252 FINNAIR OYJ ) AER LINGUS GROUP DAC ) ) under 49 U.S.C. §§ 41308 and 41309 for approval ) of and antitrust immunity for proposed joint ) business agreement ) ______)

COMMENTS OF JETBLUE AIRWAYS CORPORATION

JetBlue Airways Corporation (“JetBlue”) submits these comments to commend DOT for

addressing crucial competitive issues in Order 2020-11-9, including London Heathrow Airport

(LHR) slot issues. JetBlue agrees with DOT that “such ongoing [slot] remedies are a necessary condition of the grant of antitrust immunity for an expanded joint business.”1

JetBlue continues to take no position on the merits of the Joint Applicants’ request to add

Aer Lingus to the oneworld transatlantic joint venture, provided that DOT maintain, or expand, the LHR remedies in place including the requirement that four LHR slot pairs be made available for competing carriers. Therefore, JetBlue requests that DOT make explicit that the current slot remedy framework from 2010 should continue, and be expanded, beyond the conclusion of the

CMA’s interim measures direction time period in 2024. Otherwise, DOT risks a “bridge” period

1 Order 2020-11-9 at 13. between the end of the CMA interim measures direction and the expected timing of DOT’s

proposed five-year review.

JetBlue also requests that DOT continue to monitor the efficacy and administration of the

CMA slot remedy, and be prepared to exercise jurisdiction as potentially adverse market competitive conditions warrant. If DOT relies on a foreign partner’s competition remedy to address DOT’s own competition concerns, then DOT must be prepared and ready to exercise independent jurisdiction to ensure that the CMA remedy is indeed being administered in a manner that addresses DOT’s competition concerns.

Respectfully submitted,

Robert C. Land Senior Vice President Government Affairs and Associate General Counsel JETBLUE AIRWAYS CORPORATION

November 30, 2020