Delta Air Lines has won the latest battle in its long simmering war over gates at Dallas Love Field Airport.
Federal judge Ed Kinkeade said Delta can’t be booted out by Southwest while a legal fight to finally resolve the issue slowly moves forward.
The ruling said Delta’s five daily flights from Love Field to Atlanta don’t impact Southwest Airline’s schedule.
"Southwest’s claim that Delta’s five flights daily unduly interferes with Southwest’s operations is simply not supported by the evidence," the ruling said.
"Up until its announcement on February 26, 2015 of increased flight operations, the evidence establishes that Southwest was able to accommodate Delta without ‘unduly interfering with’ Southwest’s own operations."
Judge Kinkeade said Southwest and the airport owner the City of Dallas were ‘playing a game of musical chairs’ to deprive Delta use of the gates.
Delta have used the gates since agreeing a gate swap deal with original owner United Airlines, even though Southwest has paid United $120 million for a sublease of the two gates.
Southwest owns 18 of the 20 gates and operates 180 daily flights from Love Field.
Delta had argued: "For Southwest Airlines, this is five flights too many. Southwest has a virtual monopoly over Love Field."
Dallas based Southwest said it would consider appealing the decision.
"Delta has shown no legal right to be on the gates, therefore, they’re trespassing," Southwest lawyer Kent Krabill said at an earlier hearing in September.
