BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Complaint of Spirit Airlines, Inc. For Investigation of the Joint Venture Agreements announced by American Airlines and JetBlue Airways Docket DOT-OST-2021-0001 Under 49 U.S.C. §§ 41712 as an Unfair Method of Competition SUPPLEMENT TO COMPLAINT BASED ON MARKET IMPLEMENTATION OF AMERICAN’S STRATEGIC PARTNERSHIPS Communications with respect to this document should be sent to: Joanne W. Young David M. Kirstein Kirstein & Young, PLLC 1750 K Street N.W. Suite 700 Washington, D.C. 20006 (202) 331-3348
[email protected] [email protected] Counsel for Spirit Airlines, Inc. May 12, 2021 TABLE OF CONTENTS I. Ninety-six percent (96%) of NEA codeshares overlap at airports with American-Alaska codeshares, enabling marketing advantages and facilitating anticompetitive conduct throughout the country ........................ 4 a. American has secured unique and never-reviewed unfair competitive advantages by linking its two Strategic Partnerships throughout the largest domestic air travel markets ....................................................................................... 5 b. Market activity suggests anticompetitive price-signaling is already occurring in markets covered by the Strategic Partnerships’ codeshares ................................ 8 c. American has expressly identified its plans to leverage its Strategic Partnerships to dominate markets nationwide ....................................................... 10 II. Nearly 50% of all FAA slots are being