Delta has won another victory in its legal battle with
Southwest over gate space at Dallas' second airport, Love Field.
In a split 2-1 ruling on Feb. 2, the United States Court of
Appeals for the Fifth Circuit found that Delta can continue to use Love Field's
Gate 15 while the court case meanders on.
The ruling denies a Southwest appeal and upholds a January
2016 lower court injunction that prevented Southwest from throwing Delta out of
the gate, from where it operates five flights a day to Atlanta.
The case is a classic airline turf war in a major U.S.
market. Under a 2006 agreement with the cities of Dallas and Fort Worth, as
well Dallas/Fort Worth Airport and American Airlines, Southwest effectively
cannot operate out of DFW, but the carrier controls 16 of the 20 gates at Love
Field unambiguously.
In January 2015, Southwest also leased two more gates from
United. The long-term deal came as Delta was operating at Love Field under a
separate, shorter-term arrangement with United.
Southwest ordered Delta to vacate Gate 15 at the end of July
2015, but Delta balked, saying that Southwest wants to squash competition at
Love Field.
Early last year, U.S. District Court Judge Ed Kinkeade wrote
that per its agreement with United, Southwest has primary, but not exclusive,
rights to gate 15. As such, Delta can continue its operations.
In its appeal of that ruling, Southwest argued that the
lease establishes Southwest's rights to full use of its gates.
The Fifth Circuit Court concluded that Delta has
demonstrated a strong chance to win the Love Field case, which is why the
injunction against removing the carrier from Gate 15 is justified.
In a dissent of the decision, however, circuit Judge Edith
Jones wrote that Southwest has been deprived of its rights as the primary
leaseholder of Gate 15. The injunction, she said, imposed "a status on
Delta to enforce invented contract rights."
Southwest did not immediately respond to an email for comment
on the decision Monday.
Delta said it is pleased to continue to serve its customers
at Love Field.
"Dallas travelers enjoy the benefits of competition and
additional travel choices at Love Field, and Delta is committed to continuing
to serve this market," the carrier said.