Originally Posted by
CanoePilot
I don't think the DOJ has a rock solid case otherwise I would give this merge a 0% chance. The amended filing of the HHI does include SWA in their analysis but I still think it's 50/50 if it goes to trial.
We don't know what the DOJ found out in their discovery. Discovery generally doesn't help the defendant is these cases.
Discovery is FOR the benefit of the DEFENDANT so they can learn what evidence the big bad prosecutor (DOJ) has against them, and formulate a defense strategy. DOJ does not "find out" about discovery. The prosecutor/DOJ has collected evidence against the defendant (AMR or John Wayne Gacy or whoever) and while technically "both sides participate in discovery", the primary bennifiter (spelling yes I know but I am tired) is the defendant.
Originally Posted by
CanoePilot
There is no "reasonable doubt" or "past precedents" in mergers. They let ua/cal, dal/nw and airtran/swa merge. But that has no bearing what so ever on this case. Yet people still bring that up as their solid proof that the doj doesn't have a case.
No past precedents ? You might tell that to Apple's legal team and take a look at Shell Oil case, both involved antitrust issues. The entire theme of the DOJ case (take a look at the complaint) is MONOPOLY and ANTI-COMPETITIVENESS. The merger is just the event triggering the alleged monopoly and anti-competitive behavior. The
merger is not the legal question here per-se, the legal question, the proof to the court, is if a monopoly will exist and/or anti-competitiveness. DOJ as to prove this to the court.
Put another way, the DOJ said Tom and Mary should not be married because DOJ thinks Tom is already married somewhere else. The perception is that DOJ is "against the marriage" which they are, BUT, the
proof element, to the marriage court, the "because", needs to be proven by DOJ, to the court's satisfaction. DOJ needs to cough up a prior marriage certificate between Tom and another person, or bring some live bodies to the court who can say, gee, ole Tom is married to another woman. Absent DOJ proving this, Tom is getting married to Mary.
Apple Warns of 'Dangerous Precedent' If U.S. Wins Antitrust Case Over E-Books
Antitrust
Everyone has their own perspective on this but I feel the merger will be approved.