Originally Posted by
BlueScholar
Because Spirit’s CEO testified that they didn’t need the merger to survive, and Jet Blue testified that this would reduce competition and raise prices. That’s exactly what antitrust laws are designed to prevent.
If either executive testified differently it is very likely the outcome would have been different.
Judges fault, should have asked if they are going to need Ch11 to survive without a merger.
I doubt anyone can purger themselves by not clarifying if avoiding Ch11 to survive is outside the scope of the questioning on survival.