If we’re just looking at percentages UAL is 70% of EWR, up 9% in LGA. In theory, UAL could give up significant slots at EWR and still maintain its #1 spot in an effort to gain access to JFK. As mentioned above Kirby was quite clear about the #1 and #2 claim.

The value in JFK, being able to become a presence, compete directly with AA and DAL is something I truly believe UAL covets.

Finally, if you are simply looking at percentages is would be difficult for the DOJ to deny the merger. Also keep in mind slots are available in JFK. Plenty of slots. Frontier is the perfect example.