The judge sided with the federal government, expressing apprehensions that the merger would adversely affect budget-conscious travelers by eliminating the nation’s leading deep-fare discount airline and subsequently driving up prices across the industry.
In his ruling, Judge Young emphasized the significance of Spirit Airlines as a primary competitor in the airline industry, providing unique innovation and price discipline. He further expressed concern that the merger would incentivize JetBlue to abandon its roots as a low-cost carrier.
This marks the second time in less than a year that JetBlue has faced legal challenges related to antitrust concerns. Its Northeast Alliance with American Airlines Group Inc. was previously deemed illegal by a federal judge, resulting in the dismantling of the partnership.
JetBlue and Spirit have the option to appeal Judge Young’s decision to the First US Circuit Court of Appeals in Boston. The outcome of this appeal could potentially reshape the competitive landscape for low-cost carriers in the United States.
Judge Young expressed concern that such a move would negatively impact cost-conscious travelers who rely on Spirit’s affordable fares, as well as passengers on other airlines that have been forced to offer lower-priced options to compete with Spirit.
The judge emphasized that many travelers would be unable to afford higher fares, leading to a loss of consumer benefits and limited access to affordable air travel.
However, Judge Young agreed with government lawyers that the proposed divestitures would be insufficient to replace the competition that would be lost, considering the multitude of challenges facing the airline industry, such as manufacturing delays, staffing issues, and engine problems.
The judge concluded that constraints on airline growth suggest that although other airlines may enter markets vacated by Spirit, their presence might not be sufficient to replace Spirit’s current position in the industry.
Decades of mergers have resulted in four airlines controlling 80% of the market for US ticket revenue: United Airlines Holdings Inc., American, Delta, and Southwest Airlines Co.
The government aims to prevent further consolidation and promote competition, ensuring affordable air travel options for consumers.
The judge left the door open for the airlines to “take another run at a merger at any time,” emphasizing that the courthouse doors remain open for future attempts, subject to government scrutiny.
The case is US v. JetBlue, 23-cv-10511, US District Court, District of Massachusetts (Boston).