AA to start MIA-TLV and JFK-TLV (maybe LY too)
#16
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No, AA did NOT assume TWA's debts. Some countries tried to make that case, but it's simply not true. TWA was in bankruptcy and its debts were decided by the US bankruptcy judge.
#17
Join Date: Dec 2012
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Without getting into complicated legal semantics, some legal systems view AA acquiring TWA's assets as a de facto assumption of it's debt. Apparently, the Israeli legal system does which was evident in the article TWA 884 copied and pasted in his post. Hence, while AA never affirmed or assumed the debt TWA owed to its TLV based employees, the law (in Israel) imputed it upon AA through its affirmative act of acquiring substantially all TWA assets.
#18
Join Date: Apr 2007
Posts: 347
With LY's multiple dailies from the US to TLV, and UA double daily from EWR, DL's daily from JFK, and US daily from PHL, I wonder how much longer till the US-TLV market becomes over-saturated.
I think the first sign of that potential over-saturation occurred when DL reduced its ATL-TLV frequencies.
I think the first sign of that potential over-saturation occurred when DL reduced its ATL-TLV frequencies.
But for the most part, this traffic was all VFR. Not very high yielding. Pre-9/11, it got affluent travelers from MEX and CCS but that ended as transiting the US became a nightmare.
#19
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The reduction in ATL-TLV frequencies was not a result of over-saturation, but more a direct result of DL focusing on creating a hub in JFK. They continued to build up the domestic traffic into JFK and passengers chose to use JFK-TLV in addition to ATL. Then they switched to a B747 and ATL-MOW/TLV were killed off in favor of the growing Brazil market that they didn't want to lose to US and AA who at the time were expanding their footprint there
Last edited by yosithezet; Mar 16, 2013 at 11:43 pm Reason: Fixed quote
#20
Join Date: Apr 2007
Posts: 347
As I mentioned, the JFK-TLV route began March 2008 with a Boeing 767. Previously, DL was using a B777 from ATL which was carrying some very nice cargo loads as well as some high yield traffic from across the United States. But during this same time, DL had increased operations at JFK and post-NW merger, was shifting its focus to the emerging markets by signing a strategic partnership with G3.
When the B747 became available for the JFK-TLV service, the cargo and yields shifted from ATL to JFK and the addition of US flights from PHL meant that low season for TLV flights would drive yields even lower for TLV (especially on connecting domestic traffic). So they decided to let JFK continue their steady build and use the aircraft to develop Asia and South America. Don't take offense, they did massive reshuffling with ATL and JFK shifting services in Africa between the two etc.
DL had only intended to keep ATL-TLV seasonal, but quickly found better ways to make money and decided that JFK-TLV was sufficient enough. After all, why make 5%-20% on a ticket to TLV when you can make 8% more on BSB, GIG, GRU and LOS?
If AA decide that post merger, they shift PHL-TLV to JFK and open MIA-TLV, then it would mean that AA/US has declared war on LY. As there already is an open skies agreement between the United States and Israel, LY would have no recourse but to continue to try and expand their agreements with AS/B6, try to get an agreement with WN and would be best to take the offensive going into markets like BOS (for B6 connecting traffic) and SFO to take some high yield traffic from UA/DL. Otherwise, LY should shift their focus to the Far East and consider the US as good as gone in terms of growth.
#21
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#22
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Long gone are the days when LY could count on ethnic/religiously based marketing, it's famed security, or its illustrious history to gain passengers and increase yields. Today it's about benefits, convenience, and hard product.
#23
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Josh,
Thanks for pointing that out. Even though it's been a while since the merger, I still have a tenancy to refer to Continental and not United, and I know of others in the NYC area who were big fans of CO doing the same. The vast majority of the planes UA flies out of EWR are CO a/c with CO BF and IFE hard products.
Funny thing is that a few days ago when I flew back from PVG, upon landing at EWR the IFE screens had written "Thank You for flying Continental Airlines." Guess LY isnt the only airline not to update their IFE consistently
I went ahead and change the "CO" from the original post of mine to "UA".
Thanks for pointing that out. Even though it's been a while since the merger, I still have a tenancy to refer to Continental and not United, and I know of others in the NYC area who were big fans of CO doing the same. The vast majority of the planes UA flies out of EWR are CO a/c with CO BF and IFE hard products.
Funny thing is that a few days ago when I flew back from PVG, upon landing at EWR the IFE screens had written "Thank You for flying Continental Airlines." Guess LY isnt the only airline not to update their IFE consistently
I went ahead and change the "CO" from the original post of mine to "UA".
#24
Join Date: Apr 2007
Posts: 347
Next is Star Alliance with UA and LH running things. Do you think they need LY?
Lastly, SkyTeam, the alliance led by DL which told LY to piss off with regards to domestic space. How about them?
LY needs to get itself together and create value. Not by an overhaul of Matmid, but by servicing destinations and carrying passengers to places lacking service. Then they could be of use to competing airlines.
Don't know why we keep coming back to this, but an alliance is not the most pressing issue, nor is Matmid. This company needs to get their act together across the board and take some initiative.
#25
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TWA,
Whether or not AA actually reaffirmed TWA's debt to its former TLV employees during their merger/acquisition of the company through a written instrument (and therefore made an affirmative assumption of such) is immaterial. There exists significant legal precedent requiring AA to assume TWA's debt to its former TLV employees regardless of whether they themselves actually acknowledge such simply by virtue of the merger/acquisition.
Even the article you copied and pasted clearly states that upon review of Israeli Labor Law, AA themselves believe they are likely responsible for this debt. Hence, without delving extensively into semantics, for the purpose of this specific debt, AA likely assumed it from TWA by virtue of it's merger/acquisition of TWA according to Israeli labor law.
Whether or not AA actually reaffirmed TWA's debt to its former TLV employees during their merger/acquisition of the company through a written instrument (and therefore made an affirmative assumption of such) is immaterial. There exists significant legal precedent requiring AA to assume TWA's debt to its former TLV employees regardless of whether they themselves actually acknowledge such simply by virtue of the merger/acquisition.
Even the article you copied and pasted clearly states that upon review of Israeli Labor Law, AA themselves believe they are likely responsible for this debt. Hence, without delving extensively into semantics, for the purpose of this specific debt, AA likely assumed it from TWA by virtue of it's merger/acquisition of TWA according to Israeli labor law.
#26
Join Date: Mar 2013
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#27
Join Date: Apr 2007
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There were murmurings in the LY offices because of the switch from Category II to I by the FAA, but LY is more concerned with cutting costs than with expansion right now. The inherent costs of entering a new city (slots, hiring a station manager, security positions, handling costs, sales positions in a town office etc.) and of course aircraft availability, seem to be why LY is not looking at any expansion right now.
#28
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The liquidation was accomplished through an auction of assets under § 363 of the United States Bankruptcy Code. The Third Circuit Court of Appeals, in an opinion authored by Justice Alito before his elevation to the United States Supreme Court, held that the sale was free and clear and extinguished all successor liabilities.
AMR specifically excluded the TLV route from the assets it intended to acquire from the TWA estate for the specific reason that it did not want to become obligated for severance pay to TWA's 100 Israeli employees which would have happened in the event that AMR took over the route and later chose to discontinue it.
The TLV route was abruptly discontinued by TWA several weeks before the sale of its assets to AMR was consummated.
#29
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Though you may believe that LY has nothing to offer an alliance (I happen to disagree) does not mean that EL AL will not be able to get into an alliance. What is required is an 'out of the box' multi-prong strategy which utilizes unconventional thinking and tactics. In fact, I have devised such a strategy. I am pretty confident that if I were empowered to do so, I could get LY into an alliance.
#30
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I understand all of that and reiterate my point that it really does not matter, in this instance, how the US courts viewed TWA's debts. The legal jurisdiction and judgement of US Courts do not transfer to Israel. What matters here is what Israeli law, Courts, and jurisprudence believe and it seems as though they believe AA owes the debt through a legal theory I explained.
I wonder whether TWA stiffed long time employees at other stations or was TLV the only one that got that treatment?