In the courtroom.
12-21-2023, 09:10 AM
#543
Gets Weekends Off
Joined APC: Jul 2014
Posts: 805
JetBlue filed a notice of supplemental authority on Dec 18 and DOJ rebuttal was filed Dec 20th. It was in regards to a case that was wrapped up Dec 15th. Even if the judge had an opinion pre-formulated and written out he would still need to address the new documents. He wanted to wrap this up by the end of the year back in the summer but the trial was delayed 2 weeks. The YouTube guys seemed to have a 10% chance of it wrapping this week. Single digits for next week with the highest probability of the first or second week of Jan.
I think the judge will request another court date to talk divestitures if he is going to allow the merger. I think by end of day tomorrow or first week of January.
I think the judge will request another court date to talk divestitures if he is going to allow the merger. I think by end of day tomorrow or first week of January.
12-21-2023, 11:00 AM
#544
The REAL Bluedriver
Joined APC: Sep 2011
Position: Airbus Capt
Posts: 6,920
JetBlue filed a notice of supplemental authority on Dec 18 and DOJ rebuttal was filed Dec 20th. It was in regards to a case that was wrapped up Dec 15th. Even if the judge had an opinion pre-formulated and written out he would still need to address the new documents. He wanted to wrap this up by the end of the year back in the summer but the trial was delayed 2 weeks. The YouTube guys seemed to have a 10% chance of it wrapping this week. Single digits for next week with the highest probability of the first or second week of Jan.
I think the judge will request another court date to talk divestitures if he is going to allow the merger. I think by end of day tomorrow or first week of January.
I think the judge will request another court date to talk divestitures if he is going to allow the merger. I think by end of day tomorrow or first week of January.
In the end, there are only 8 routes where JB-NK overlap, after the existing divestitures. 6 of those are in MCO. Two in SJU. Neither airport has any constraints. I think from here there will be minimal divestitutures. Maybe a few token tokens, if anything.
12-21-2023, 11:40 AM
#545
That/It/Thang
Joined APC: Aug 2020
Posts: 2,921
I personally am gonna disagree, and doubt the judge will have another hearing on divestitures.
In the end, there are only 8 routes where JB-NK overlap, after the existing divestitures. 6 of those are in MCO. Two in SJU. Neither airport has any constraints. I think from here there will be minimal divestitutures. Maybe a few token tokens, if anything.
In the end, there are only 8 routes where JB-NK overlap, after the existing divestitures. 6 of those are in MCO. Two in SJU. Neither airport has any constraints. I think from here there will be minimal divestitutures. Maybe a few token tokens, if anything.
The DOJ could have easily got those remaining MCO and SJU divestments in a settlement and paraded it as a win, but that’s a hill they want to die on.
12-21-2023, 11:43 AM
#546
Gets Weekends Off
Joined APC: Mar 2006
Position: guppy CA
Posts: 5,171
I personally am gonna disagree, and doubt the judge will have another hearing on divestitures.
In the end, there are only 8 routes where JB-NK overlap, after the existing divestitures. 6 of those are in MCO. Two in SJU. Neither airport has any constraints. I think from here there will be minimal divestitutures. Maybe a few token tokens, if anything.
In the end, there are only 8 routes where JB-NK overlap, after the existing divestitures. 6 of those are in MCO. Two in SJU. Neither airport has any constraints. I think from here there will be minimal divestitutures. Maybe a few token tokens, if anything.
I expect a ruling sometime in January.
12-21-2023, 06:50 PM
#547
Gets Weekends Off
Joined APC: Jul 2021
Posts: 378
Agree, why don’t need a remedy hearing when one side has states from the start (to finish) there is no remedy to fix the merger. The DOJ was asked again during closing arguments about any remedies he could impose to address harm, the DOJ said there is nothing.
The DOJ could have easily got those remaining MCO and SJU divestments in a settlement and paraded it as a win, but that’s a hill they want to die on.
The DOJ could have easily got those remaining MCO and SJU divestments in a settlement and paraded it as a win, but that’s a hill they want to die on.
12-22-2023, 03:16 AM
#548
Gets Weekends Off
Joined APC: Mar 2006
Position: guppy CA
Posts: 5,171
Additionally, bringing antitrust lawsuits against mergers is job security for the DOJ antitrust division. It doesn't matter if they lose almost all of the time; they are funded by the taxpayer so there's no penalty for them failing.
12-22-2023, 09:42 AM
#549
Gets Weekends Off
Joined APC: Oct 2019
Posts: 1,002
No, the DOJ still would have sued under antitrust law. The current bureaucracy opposes all mergers; they would have just fashioned a different argument.
Additionally, bringing antitrust lawsuits against mergers is job security for the DOJ antitrust division. It doesn't matter if they lose almost all of the time; they are funded by the taxpayer so there's no penalty for them failing.
Additionally, bringing antitrust lawsuits against mergers is job security for the DOJ antitrust division. It doesn't matter if they lose almost all of the time; they are funded by the taxpayer so there's no penalty for them failing.
12-22-2023, 09:58 AM
#550
Line Holder
Joined APC: Feb 2015
Position: A320 FO
Posts: 26
The additional documents filed by JetBlue citing the Illlumina case saying they didn't have to prove competition will be restore to the pre merger level, has given the judge precedent. Most of the overlaps already being taken care of by the current divestitures, with this precedent there should be no more need for further divestitures. We all want a quick judgment, but we also need a well thought out opinion by the judge that will hold up against an appeal.
Thread
Thread Starter
Forum
Replies
Last Post
