American and JetBlue Move to Dismiss DOJ Antitrust Lawsuit
American and JetBlue Move to Dismiss DOJ Antitrust Lawsuit
On November 22, 2021, American and JetBlue airlines moved to dismiss a Department of Justice lawsuit challenging the airlines’ agreement to coordinate flights in the Northeast.
In their motion, American and JetBlue argue that the complaint is “defective” because the DOJ has not alleged that the agreement has caused higher prices or a reduction in quality, and therefore has not actually harmed competition.
The DOJ, along with a group of state attorneys general, brought the lawsuit in September in Massachusetts federal court. The agreement at issue enables the airlines to share revenues and coordinate flights between Boston and New York City’s three main airports. Passengers can use either airline’s website to buy a single itinerary that includes flights on both airlines. The DOJ said in a press release that this results in a de facto merger that will eliminate significant competition between the airlines.
If the airlines fail to dismiss the lawsuit, both sides have proposed a September 2022 trial over the agreement.
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Kristyn Fields’ practice is focused on antitrust litigation. Kristyn is a Partner in the firm’s New York office.
