Government

Federal Judge Halts JetBlue's Acquisition of Spirit Airlines

Published January 16, 2024

In what is deemed a triumph for the Department of Justice, a federal judge has issued an injunction against JetBlue Airways' intention to acquire Spirit Airlines for $3.8 billion. The blockage represents a significant setback for the merger that was proposed to form the fifth-largest airline in the United States.

Concerns Over Reduced Competition

On Tuesday, Judge William G. Young of the U.S. District Court for the District of Massachusetts delivered a 109-page verdict, ruling in favor of the Justice Department. The primary concern was that the merger would diminish competition in the airline industry, leading to potential price increases and reduced options for consumers.

Impact on Market Dynamics

The Justice Department highlighted the role of smaller, low-cost carriers like Spirit in keeping airfares affordable. Spirit's acquisition by JetBlue, which is known for higher fares, was feared to negate this benefit. Currently, the market is dominated by four major airlines: American Airlines, Delta Air Lines, Southwest Airlines, and United Airlines, which together control approximately two-thirds of the industry. With the merger, JetBlue's market share would have spiked to 10%, which is still less than United's 16%.

Arguments from JetBlue

Attorneys for JetBlue contended that the merger would bolster its ability to compete with larger airlines, eventually driving down prices for everyone. Contrarily, the Justice Department suggested that an enlarged JetBlue would likely emulate the behavior of its larger rivals instead of maintaining its low-cost approach.

The Legal Ruling and Its Aftermath

Embracing the Justice Department's stance, Judge Young opined that the merger could lead JetBlue away from its fundamental role as an affordable carrier. Moreover, he acknowledged the importance of Spirit as a budget-friendly choice in the market. Post-ruling, Spirit's stock plummeted by over half, but JetBlue's shares saw an increase of 4%.

In the event of a blocked deal, JetBlue has agreed to pay Spirit $70 million and its shareholders $400 million. The airlines, expressing disagreement with the judgment, are contemplating their next steps. They maintain that their proposed merger would boost competition against dominant U.S. carriers.

Broader Industry Implications

The outcome has occurred amidst another potential consolidation: Alaska Airlines' planned takeover of Hawaiian Airlines for $1.9 billion. If that acquisition proceeds, Alaska Airlines would control approximately 8% of the market.

Antitrust, Merger, Airlines