Abstract
Over the last few years, the United States Government has amped up its antitrust enforcement, suing to block various multibillion dollar deals between big corporations across different industries. Last year, the Justice Department brought suit to prevent a merger between Jet Blue Airways and Spirit Airlines, the sixth and seventh largest airlines in the United States, respectively. The Justice Department argued that this consolidation of the airline industry would harm consumers because it would drive costs up and limit choices. The U.S. District Court of Massachusetts permanently enjoined the merger, and Jet Blue and Spirit have since called off the deal. However, in blocking this deal, are consumers really better off? This Note will discuss the District Court's decision in U.S. v. JetBlue, given the importance of the decision to the Government's efforts to curtail large mergers that violate federal antitrust laws. It will compare the court's analysis with aspects of other recent cases brought by the Justice Department to block other multibillion dollar deals, suggesting how a court may rule in the future. Finally, it will discuss the future of the airline industry, and whether consumers can expect costs to actually remain low and for choices to be available as a result of the decision.
First Page
428
Recommended Citation
Kathleen
Driscoll
Too Big to Fly: Rethinking Antitrust in the Airline Industry After United States v.JetBlue Airways Corporation,
36
Loy. Consumer L. Rev.
428
(2025).
Available at:
https://lawecommons.luc.edu/lclr/vol36/iss3/5