The ruling could boost the DOJ's chances in its upcoming trial against JetBlue's acquisition of Spirit Airlines.
The ruling could boost the DOJ’s chances in its upcoming trial against JetBlue’s acquisition of Spirit Airlines.
While the partnership was not technically a merger, at a trial last fall, the DOJ argued it was a merger in all but name. Prosecutors said the partnership would give the two airlines too much control over flights out of Boston and New York City and ultimately raise prices for consumers. American called the judgment “plainly incorrect and unprecedented for a joint venture like the Northeast Alliance. There was no evidence in the record of any consumer harm from the partnership, and there is no legal basis for inferring harm simply from the fact of collaboration.”
“To the extent the defendants there are inclined to argue that the merger will help them compete with others or that they are tiny compared to the legacy airlines, or that the merger will help them grow their network, those arguments appear squarely foreclosed,” he said.
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