May 17 (Reuters) - Alaska Airlines on Friday asked a
U.S. judge to throw out a consumer lawsuit over the carrier's
plan to buy peer Hawaiian Airlines for $1.9 billion, arguing
that the transaction would not unlawfully consolidate its power
in the transportation industry.
Alaska Airlines said in the filing in Hawaii federal court
that the consumers' April lawsuit did not show how passengers
would face any "concrete, particularized and impending harm" if
the deal is allowed to move forward.
It called the plaintiffs "serial litigants" who have sued
over other airline mergers and said their allegations were
"boilerplate."
Alaska Airlines declined to comment on Friday. An attorney
for the plaintiffs - eight airline passengers from Hawaii,
California and other states - did not immediately respond to a
request for one.
The lawsuit said "the current trend toward concentration,
the lessening of competition and the tendency to create a
monopoly in the airlines industry is unmatched, unparalleled,
and dangerous."
Alaska Airlines countered in Friday's filing that "the
merger will vastly expand their customers' access to the rest of
the world."
The airline has said that the proposed deal was under
antitrust review by the U.S. Justice Department. Both carriers
said in March that they "have been working cooperatively with
the DOJ and expect to continue to do so."
A Justice Department spokesperson on Friday declined to
comment.
Hawaiian Airlines is not a defendant in the consumers'
lawsuit.
The case is Warren Yoshimoto et al v. Alaska Airlines and
Alaska Air Group ( ALK ), U.S. District Court for the District of
Hawaii, No. 1:24-cv-00173.
For plaintiffs: Terence O'Toole of Starn O'Toole Marcus &
Fisher; and Joseph Alioto of Alioto Law Firm
For Alaska Air ( ALK ): Courtney Dyer, Stephen McIntyre, Anna
Pletcher and Pete Herrick of O'Melveny & Myers
Read more:
US consumers sue to stop Alaska Air ( ALK ), Hawaiian Airlines
merger