Originally Posted by
Wasntme
they quote Judge Young 😂
“”;The District Court interpreted Section 7 of the Clayton Act as prohibiting the merger unless these hypothetical customers can be assured they will continue to have Spirit on every route, regardless of the merger’s benefits to everyone else and regardless of the merger’s effect on competition in each route. Id. (analyzing evidence under an invented “protect every consumer, in every relevant market from harm” standard). This holding was reversible error. In the end, the District Court improperly chose to elevate the interest of a small set of hypothetical consumers over the interest of everyone else. That is evidenced by the District Court’s conclusion: “
To those dedicated customers of Spirit, this one’s for you.”