Troca-troca de slots nos EUA. Afeta o Brasil.

US Airways, Delta Cleared to Swap Slots

By SUSAN CAREY
Wall Street Journal

More than two years after US Airways Group Inc. and Delta Air Lines Inc. first proposed to exchange slots at two busy East Coast airports, federal regulators gave the two carriers final approval to do so.

In an Oct. 7 waiver that was made public Tuesday, the Transportation Department and the Federal Aviation Administration cleared an amended swap deal they tentatively approved in July. But the Justice Department's antitrust division said Tuesday it is continuing its investigation into part of the deal.

The planned swap would help Delta build up its presence at New York's LaGuardia Airport, where space is in short supply, and allow US Airways to grow at Ronald Reagan Washington National Airport.

The accord also calls for Delta to pay US Airways $66.5 million in cash and transfer to it route rights to fly to São Paulo, Brazil.

US Airways, the nation's No. 5 airline by traffic, and Delta, the No. 2 carrier, have 30 days to notify the FAA of whether they will proceed with the deal.

Justice Department antitrust authorities are continuing to examine whether US Airways' receipt of additional slots at Reagan National would hurt competition there.

In a statement, the department said it had concluded its investigation of the proposed transfer of slots at LaGuardia without finding any harm.

Under their amended plan, the two carriers must dispose of eight slot pairs at Reagan National and 16 pairs at LaGuardia to airlines with limited or no service to those airports. The government will auction off the slots in bundles that will allow the new users to gain a viable foothold at the airports by having a sufficient supply of slots to maintain service throughout the day.

After they initially requested permission for the transaction in 2009, the two airlines were told in early 2010 that the DOT and the FAA would approve it only if the carriers disposed of 20 slot pairs at LaGuardia and 14 pairs at Reagan National.

Unwilling to meet those conditions, the two airlines appealed the government's decision to the U.S. Court of Appeals for the District of Columbia Circuit. Later, after the airlines made a new proposal that reduced the number of slot pairs that regulators designated for auction, their lawsuit was dismissed.

The DOT and the FAA noted the amended plan "offered important benefits to the public," reflected the increased market penetration of discount airlines at both of the airports and took into account the changed competitive landscape caused by recent mergers and new joint ventures across the Atlantic.

The agencies said the transaction will alter the service patterns of US Airways and Delta at the two airports. "However, the carriers have asserted that primary benefits…will include enhanced service to smaller communities," they added in the approval document.

Atlanta-based Delta and US Airways, based in Tempe, Ariz., weren't available for comment. But they said in July, when they received tentative approval of their deal, that they intended to press ahead with it.

Write to Susan Carey at susan.carey@wsj.com

Wednesday, October 12, 2011 As of 12:00 AM