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Old 08-13-2024, 10:12 AM
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Originally Posted by rickair7777
The consumer lawsuit is irrelevant, Judge said they had no standing.

DOJ most definitely has standing, if they go there.
The consumers were arguing the exact same argument that the DOJ would. I would say there is a direct correlation between the two.

I have a feeling the DOJ will attempt to sue (it’s an election year…), but they would lose (after about 9 months in court). If the DOJ sues, politically they can argue that they tried to stop ‘big buisness’ from further consolidation, but the court sided with the airlines.
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Old 08-13-2024, 10:22 AM
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What are the chances this is all posturing/grabdstanding by the DOJ to get agreement to some terms? If there’s a significant chance they’d lose do they really want to take it to court? Or that filing is a formality because an agreement hasn’t been signed yet, and they just need to have their ducks in a row in case it isn’t?

Last edited by blackbox348; 08-13-2024 at 10:32 AM.
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Old 08-13-2024, 10:34 AM
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Originally Posted by Cholla6918
The consumers were arguing the exact same argument that the DOJ would. I would say there is a direct correlation between the two.

I have a feeling the DOJ will attempt to sue (it’s an election year…), but they would lose (after about 9 months in court). If the DOJ sues, politically they can argue that they tried to stop ‘big buisness’ from further consolidation, but the court sided with the airlines.
Merits or lack thereof are irrelevant if you don't standing to bring the case. Totally distinct issues.
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Old 08-13-2024, 10:38 AM
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Originally Posted by blackbox348
What are the chances this is all posturing/grabdstanding by the DOJ to get agreement to some terms? If there’s a significant chance they’d lose do they really want to take it to court? Or that filing is a formality because an agreement hasn’t been signed yet, and they just need to have their ducks in a row in case it isn’t?
My guess is either they are going to sue period, or they are haggling over concessions and what they want is a very painful sticking point.

Silver lining is that DOJ might have an incentive to approve with concessions, while they have some leverage, rather than risk that Trump will just drop the case.
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Old 08-13-2024, 10:45 AM
  #805  
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Originally Posted by Cholla6918
The consumers were arguing the exact same argument that the DOJ would. I would say there is a direct correlation between the two.

I have a feeling the DOJ will attempt to sue (it’s an election year…), but they would lose (after about 9 months in court). If the DOJ sues, politically they can argue that they tried to stop ‘big buisness’ from further consolidation, but the court sided with the airlines.

The Judge didn't really rule against the consumer lawsuit, he stated that the consumers are not allowed to sue. This is no indication of the DOJ's position nor what a possible court ruling would be in a DOJ lawsuit. Not surprising and has no impact on whether the decision this week.

Last edited by chimichanga; 08-13-2024 at 11:05 AM.
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Old 08-13-2024, 10:53 AM
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Originally Posted by chimichanga
The Judge didn't really rule against the consumer lawsuit, he stated that they are not allowed to sue. This is no indication of the DOJ's position nor what a possible court ruling would be in a DOJ lawsuit. Not surprising and has no impact on whether the decision this week.
Chief U.S. District Judge Derrick Watson in Hawaii on Monday said the airline passengers who brought the case had not shown they have legal standing to sue over the merger.

My interpretation of this is there is no there there, not that they can’t legally sue because they are citizens and not the DOJ. We’ll hear from the DOJ soon enough.

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Old 08-13-2024, 10:57 AM
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Originally Posted by Cholla6918
Chief U.S. District Judge Derrick Watson in Hawaii on Monday said the airline passengers who brought the case had not shown they have legal standing to sue over the merger.

My interpretation of this is there is no there there, not that they can’t legally sue because they are citizens and not the DOJ. We’ll hear from the DOJ soon enough.
“They allege no personal connection to either airline that would plausibly establish a concrete or particularized harm,” Watson wrote in his order dismissing the lawsuit.

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Old 08-13-2024, 12:11 PM
  #808  
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Originally Posted by rickair7777
My guess is either they are going to sue period, or they are haggling over concessions and what they want is a very painful sticking point.

Silver lining is that DOJ might have an incentive to approve with concessions, while they have some leverage, rather than risk that Trump will just drop the case.
Love how people assume in this merger legal discussion 45 is going to be 47. Maybe he will be, but that's a gamble I wouldn't take if I were an airline to squeeze the best deal out of this transaction.
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Old 08-13-2024, 01:14 PM
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Originally Posted by PineappleXpres
Love how people assume in this merger legal discussion 45 is going to be 47. Maybe he will be, but that's a gamble I wouldn't take if I were an airline to squeeze the best deal out of this transaction.
I would think in most cases whatever concession they want has to be better than a long drawn out lawsuit for both sides. HAL is bleeding cash what’s the value of the airline in 9 months of Alaska can’t take control. With all the spirit, frontier, and JetBlue news lately too you would think it’s somewhat backfired as they cancel aircraft orders, cut staffing, search for liquidity, and slash routes and capacity (some to underserved communities).
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Old 08-13-2024, 01:22 PM
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Originally Posted by blackbox348
I would think in most cases whatever concession they want has to be better than a long drawn out lawsuit for both sides. HAL is bleeding cash what’s the value of the airline in 9 months of Alaska can’t take control. With all the spirit, frontier, and JetBlue news lately too you would think it’s somewhat backfired as they cancel aircraft orders, cut staffing, search for liquidity, and slash routes and capacity (some to underserved communities).
it’s in Alaska’s hands. Hope Hawaiian is talking some reason into them. lol yeah right. We’ll see.
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