I fear there is some interpretation occurring here. Also there seems to be a mixing of two issues.
Partners in a JBV with anti trust immunity may seek to commonize their offering but the granting of such immunity does not require an identical Offering. BA operate a Coach Plus 4th class AA do not. AA and BA offer differing meal services on different flights. AA and BA both have some similar planes but there is no requirement for the same route to have the same equipment. Many fares especially restricted First and Business have different levels by carrier. Metal neutral is no guarantee of consumer commonality but it does allow airlines to sell seats on other carriers through aligned systems.
Frequent flyer plans are an attempt to build loyalty without establishing a provision on the balance sheet. Miles have no commercial value, people can be thrown out for breaking the rules without compensation and schemes can be closed without compensation. An award ticket has different remedies to a revenue ticket as it is easier to prove loss With a revenue ticket.
I would be interested if this was to result in an action going to appeal. I doubt public policy concerns would hold an American business liable for the practices of a foreign independent partner not regulated under Federal Jurisdiction.
As regards language on this forum to attempt to belittle posters' positions, most people would find this regrettable. With the most respect the opinions of those on this forum are just personal opinions and not Government policy or legal precedent.