Originally Posted by
Gone Flying
doubtful
who would have had standing to sue that would not have benefited from the merger?
the only people who wanted that merger to fail were the legacies and the Biden administration. And from what I could gather at the time, it was so they could set a precedent to use against big tech companies
I paraphrased your response as I'm just looking at the statute and who did what in the past isn't really relevant in this case.
Clayton Act specifically allows private parties to enforce and seek injunction to block a merger, so I bet AA/DL/UA would have sued if DOJ didn't.
Any person, firm, corporation, or association shall be entitled to sue for and have injunctive relief, in any court of the UnitedStates having jurisdiction over the parties, against threatened loss or damage by a violation of the antitrust laws.
In this case they didn't have to as litigation is expensive and DOJ did it for them, but they could have delayed it for a long time and I bet they had the appetite to do so.