Originally Posted by
bonvoyage
Yes! At best would be DOH. My First Officer on my last trip was telling me how he believed we would slot in percentage wise in an acquisition and did not like to hear otherwise. To be honest I would be completely scared to be acquired this early on by anyone. We have no union protections and every other airline does. How ever close the other airline could legally get to stapling us is what would happen
If you are acquired in a merger there is no legal way you can be stapled. SW management has however been known to give SWAPA veto power on a merger if a prenup can't be reached. You would have to agree to the staple per Allegheny Mohawk.
The other option would be for SW to purchase the aircraft and simulators and Brreze to cease operations. In that case since Breeze does not have a contract with a fragmentation clause Allegheny Mohawk might not apply. If Breeze owns the aircraft it almost certainly would apply. If they are leased it gets much murkier.