My objection is the DOJ is judging this merger by a different set of standards than the previous two.
"If this were not the same DOJ who turned a blind eye at voter intimidation and whose leader balked at answering questions about
investigations of reporters, you might be able to take them at their word. It is also the same DOJ who allowed numerous other airline mergers in the past few years as well, without much criticism. (The lawsuit also uses those past mergers as proof that the new airline would raise prices)."
http://www.conservativedailynews.com/2013/08/holders-doj-says-youre-grounded/
except that as much as you and others keep saying that the DOJ is using a different standard, it has been shown on multiple levels that the DOJ is using the same standard it has used in other airline mergers and also in other industries for years.
The HHI concept which includes connecting markets is not being used for the first time with AA/US.
Antitrust law is based on the notion that the gov't can block a transaction based on the FINAL transaction that will affect consumer competitiveness, EVEN IF other transactions have been allowed before - because they did not result in the same concentration as subsequent merger proposals would.
AA/US will result in a slot concentration at DCA similar to what UA/CO had at EWR - and the DOJ's answer was that all of UA's premerger slots had to be divested. DCA is a smaller airport so even the 18 slots that UA gave up is a much higher percentage of the total market - and yet AA operates almost 3X more slots at DCA than UA did at EWR.
And there still is no evidence that any other airlines leaked communications (or publicly presented strategies) based on reduced capacity, higher fares, and reduced competition for customers - such as the FF bonus issue.
AA/US IS being handled in the same way as other antitrust cases, including in the airline industry, have been handled.
The judge is there to determine that and I expect there will be a lot of people here who thought the judge would be their savior and will subsequently be disappointed.
Somewhat misleading on many levels: 1) There is little contractual comparison between the city of Pittsburgh building a new airport of a single dominate carrier versus an airline starting service to Durango or Santa Barbara, 2) I never said that starting an airline was easy or inexpensive, but rather moving aircraft assets around in an existing, established airline would be relatively easy and modest in costs (consider how Allegiant Airlines starts and stops service sometimes before completing a single flight to a new market), and finally, 3) Southwest business model usually requires, at a minimum, 6 flights a day to a station, so I have serious reservations that anyone in the DOJ thought SWA was going to keep FL's stations offering service only a few times a week.
Even in small airports, network airlines sign long-term contracts or they pay higher lease rates. The reason why the ultra LCCs go in and out of markets is because they don't how much they can get out of a market... but they pay higher airport costs because of it and the network carriers and WN could not survive if they had to pay airport fees such as the ULCCs pay.
There aren't a lot of people who realistically expected WN to pull its service in FL's small cities or there would have been a whole lot of objections - which didn't happen.
WN hasn't merged enough for anyone to know what to expect - but the DOJ clearly does recognize that WN followed the same path that many of the network carriers have done after mergers - and perhaps worse since network carriers have generally maintained cities but reduced the number of flights and destinations.
The DOJ has a legitimate concern based on AA/US statements about reducing capacity and the track record that has been established by AA/US' competitors.