JetBlue Airways and Spirit Airlines have filed a brief with the appeals court, requesting that the merger between the two airlines be permitted to proceed. This action may be considered a last-ditch effort.
Reuters reports that the brief, which was filed with the Boston 1st U.S. Circuit Court of Appeals today, petitions the court to vacate a recent judge's decision that halted the proposed $3.8 billion.
Airlines for America (A4A) endorsed the "policies of the United States government to reopen the market with China in a phased, reciprocal, and incremental manner."
The airlines contended in the brief that the merger was unjustly halted and highlighted the fact that the judge who rendered the decision against the airlines merging forces also acknowledged that the merger would "enhance competition, consequently leading to price reductions for the overwhelming majority of consumers."
Landing of a JetBlue Airbus A321-200 at John F. Kennedy Airport An Airbus A321-200 operated by JetBlue lands at JFK Airport. (Photo courtesy of Lukas Wunderlich/Getty Images Plus/iStock Editorial)
Additionally, the airlines contended that upon merging, the two carriers would possess sufficient magnitude to present a substantial challenge to the legacy airlines that currently dominate a substantial portion of the United States market.
The courts determined on January 16, in a ruling signed by U.S. District Judge William Young, that the proposed merger would constitute a violation of antitrust law at the federal level.
The decision was rendered in response to a lawsuit the Department of Justice filed last year seeking to halt the merger.
Reuters reports that in their most recent brief, JetBlue and Spirit stated that the judge "erroneously prioritized the interests of a small group of hypothetical consumers over those of the general public."
Additionally, the judge opined in his decision that the traveling public would ultimately be harmed by the merger because Spirit's low-cost offerings would be eliminated from the market.
Additionally, the judge opined in his decision that the traveling public would ultimately be harmed by the merger because Spirit's low-cost offerings would be eliminated from the market.
The forthcoming development in this protracted dispute will involve the issuance of the Justice Department's response to the appeal that the two airlines have lodged. That is anticipated to occur on April 11.