Continental Airlines, Inc. v. U.S. Department of Transportation

I cannot agree with the majority’s analysis, and hence, I dissent from its holding which directs the Department of Transportation (“DOT”) to conform to the stringent time limits of § 401(c)(2)(B) — time limits which have no application by statute, purpose or reason to a § 408 “merger-condition.”

I

In this case, United Airlines has been permitted to acquire the Pacific routes of Pan Am, subject to the condition, however, that if DOT deemed in a future proceeding that the public’s interest would be served *264by authorizing another U.S. flag carrier to provide service, that United would be required…