The deal is under review by the DOT and Federal Aviation Administration, as well as by the Justice Department. The DOT is considering whether the deal is in the public interest, including the impact on competition.

The pilots union at US Airways said last year that it believes the deal "may have serious antitrust concerns" and could mean higher fares and less service.

And in January, several members of Congress, including Oberstar and House aviation subcommittee chairman Jerry Costello (D-Ill.), wrote to the DOT and FAA expressing concerns about the gate swap, saying that the deal would increase concentration and "significantly lessen competition" at the New York and Washington airports.

Berard said he doesn't think Delta is treated unfairly because it is so large.

"It's just the nature of being the biggest," Berard said. "It will attract much more attention, much more concern, when there is consolidation involving that airline."

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How we got the story

AJC airline industry reporter Kelly Yamanouchi has followed the proposed deal between Delta Air Lines and Japan Airlines, interviewing airline executives, attorneys and industry experts and reviewing materials on the proposed deal. She also has covered Delta's proposed slot swap with US Airways and its proposed joint venture with Virgin Blue, including reviewing filings to the U.S. Department of Transportation. The AJC also reviewed reports from analysts and statements from the Justice Department on airline antitrust issues.