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      JetBlue's Acquisition of Spirit Enters Trial as Airlines Eye $3.8 Billion Merger

      Image: JetBlue aircraft. (Photo via JetBlue)
      Image: JetBlue aircraft. (Photo via JetBlue)
      Rich Thomaselli
      by Rich Thomaselli
      Last updated: 12:10 PM ET, Wed November 1, 2023

      From the outside, it looks like a simple case between two businesses.

      JetBlue Airways wants to merge with Spirit Airlines. A United States District Judge in Boston will decide whether or not the two can conduct business together. Sounds like a simple, cut-and-dried decision, right?

      It¡¯s not.

      U.S. District Judge William Young will likely shape the future of the industry in a case that is being closely watched by the aviation world.

      JetBlue paid $3.8 billion for the right to acquire Spirit. But the U.S. Justice Department filed a lawsuit to block the merger, saying it violates monopoly laws and would drive prices up for low-cost carriers. However, JetBlue argues that it¡¯s the only way it can compete with the Big Four airlines.

      If the merger goes through, it would create the fifth-largest airline in the United States.

      One of the attorneys for JetBlue, Jay Cohen, says otherwise. He believes a merger would only help other low-cost carriers like Allegiant and Frontier.

      ¡°The?evidence will demonstrate that these airlines are experiencing rapid growth and are positioned for even more substantial expansion if given the opportunity,¡± he said.

      What makes this case so unique is that it is precedent-setting. This is the first time a potential merger between airlines has been presented before a presiding judge. The case is expected to last approximately three weeks.

      In an era when United, Delta and American have all successfully had mergers without going before a judge, this will either embolden or deter other airlines from merging. But under the Biden administration, there has been more scrutiny on whether a company has violated antitrust laws.

      One of the government attorneys, Arianna Markel, argued on the opening day of the trial Tuesday that the loss of Spirit would deprive consumers of a viable, low-cost alternative.

      ¡°Bigger isn¡¯t always better,¡± she said. ¡°It isn¡¯t better for consumers or better for competition. A larger JetBlue means fewer seats, fewer planes, higher fares, and fewer choices.¡±

      This is what the judge must decide, ultimately.


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      Rich Thomaselli

      Rich Thomaselli

      Associate Writer

      Editor Associate Writer true 9281 14744 Rich Thomaselli has written for TravelPulse since 2014 and has been a professional journalist for nearly 40 years. His work has appeared in USA Today, the New York Times and New York Yankees publications. He is an 11-time writ

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