Originally Posted by
hercretired
From the DOJ press release:
https://www.justice.gov/opa/pr/justice-department-statements-district-court-decision-block-jetblues-acquisition-spirit
Anticompetitive. Hold that thought, lets look at the Clayton Act
https://www.justice.gov/atr/antitrust-laws-and-you
What exactly is "anticompetitive"
Harvard Law journal:
https://harvardlawreview.org/forum/vol-130/antitrust-law-is-not-that-complicated/
They define it as:
In other words, offering a better quality widget, with better customer service, thus resulting in increased profits because you charge more, but the customer still comes because he thinks you are better, is not anticompetitive. That is "business 101."
But Merging with a competitor, resulting in your ability to be the only guy in town, and potentially increase prices whenever you want, is anticompetitive.
Knowing what we know now, the courts will not permit a super ULCC to exist
ok, now define “substantial harm”, because according to Judge Young, it was a single person, “every consumer on every route”
The reality is the govt can and will choose winners and losers. I would think a larger, more stable ULCC would have a better shot. That’s all