The agreement would also abolish a current provision that permits only three US carriers – Delta, United, and FedEx – to serve all of Japan’s markets with unlimited flights.215 It would allow passenger and cargo carriers from both countries to choose which routes to fly between the two countries based on consumer demand, ‘without limitations on the number of US or Japanese carriers that can fly between the two countries or the number of flights they can operate’.216 Finally, it would provide for unlimited opportunities for code-sharing and other cooperative marketing arrangements.217 The Japanese
government has indicated it will not sign the final open skies agreement unless the United States grants antitrust immunity for Japan Airlines Corp., All Nippon Airways Co., andtheir US-based trans-Pacific alliance partners218 so as to permit the Japanese airlines to engage in joint ventures with their US alliance partners.219 In February 2010, Japan Airlines and American Airlines filed a joint application for antitrust immunity with the DOT in order to permit the two airlines to coordinate their fares, schedules, and services, but the DOT has not yet ruled on the application.