DOJ to block AA/USAir merger
09-20-2013, 03:57 PM
#481
Gets Weekends Off
Joined APC: Jun 2012
Posts: 1,166
Originally Posted by kingairip
American Airlines doesn't want a too-speedy trial in private antitrust lawsuit | Dallas Business & Financial News | DFW Companies | Opinion & Analysis - The Dallas Morning News
Private antitrust lawsuit? Does anybody know who these chuckleheads represent?
Private antitrust lawsuit? Does anybody know who these chuckleheads represent?
He thinks he'll get noticed and get a prime time cable talk show or something.
09-20-2013, 05:45 PM
#482
The NeverEnding Story
Joined APC: Sep 2005
Posts: 7,516
Originally Posted by CanoePilot
It doesn't matter what the doj did for previous mergers.
The court looks at what is done in the current merger. If the doj can show that consumers would be harmed by the merger vs. non-merger then they win.
/not a lawyer, but wife is a paralegal in the contract law field
09-20-2013, 05:54 PM
#483
Gets Weekends Off
Joined APC: Aug 2009
Position: B-757/767 Capt.
Posts: 219
Originally Posted by CanoePilot
No offense to some of you guys but you act like you are experts in anti-trust law. This kind of litigation isn't like the stuff you see on TV. It doesn't matter what the doj did for previous mergers. The court looks at what is done in the current merger. If the doj can show that consumers would be harmed by the merger vs. non-merger then they win. It's that simple, it doesn't matter what they allowed with ua or dal. This is why many attorneys with anti-trust experience think there is a slim chance for aa and us while the stock brokers and former airline ceos think it's a slam dunk.
This is all about the law which many people including me have no idea about. I'm not saying there isn't a chance aa can win but given how this system works they are fighting an uphill battle they may end up losing.
This is all about the law which many people including me have no idea about. I'm not saying there isn't a chance aa can win but given how this system works they are fighting an uphill battle they may end up losing.
An opposing view:
IATA DG weighs in on US DOJ AA/US Airways merger lawsuit | Regulation content from ATWOnline
09-20-2013, 07:33 PM
#484
Line Holder
Joined APC: Feb 2012
Position: Airbus FO
Posts: 96
Originally Posted by CanoePilot
No offense to some of you guys but you act like you are experts in anti-trust law. This kind of litigation isn't like the stuff you see on TV. It doesn't matter what the doj did for previous mergers. The court looks at what is done in the current merger. If the doj can show that consumers would be harmed by the merger vs. non-merger then they win. It's that simple, it doesn't matter what they allowed with ua or dal. This is why many attorneys with anti-trust experience think there is a slim chance for aa and us while the stock brokers and former airline ceos think it's a slam dunk.
This is all about the law which many people including me have no idea about. I'm not saying there isn't a chance aa can win but given how this system works they are fighting an uphill battle they may end up losing.
This is all about the law which many people including me have no idea about. I'm not saying there isn't a chance aa can win but given how this system works they are fighting an uphill battle they may end up losing.
09-21-2013, 04:38 AM
#486
Gets Weekends Off
Joined APC: Jun 2012
Posts: 1,166
Originally Posted by flyfast15
Why are you so negative? Most of us want the merge and you know the DOJ is wrong. What's your problem? Cut us some slack, if you have nothing positive to say then stay out.
09-21-2013, 07:13 AM
#487
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Joined APC: May 2007
Posts: 1,353
Originally Posted by BoilerUP
Actually, yes it does - precedent means a LOT in the legal world.
This is 100% correct and I will go a step further. Case law is where and how we get that precedent. The attorneys always try to cite cases that are on point or as close to on point as they can. They cite name of case the case number the district and the rulings. Everything is used every objection, every appeal the whole thing.
Then the DOJ shouldn't have any issue turning over the requested documents during the discovery process, now should they?
/not a lawyer, but wife is a paralegal in the contract law field
This is 100% correct and I will go a step further. Case law is where and how we get that precedent. The attorneys always try to cite cases that are on point or as close to on point as they can. They cite name of case the case number the district and the rulings. Everything is used every objection, every appeal the whole thing.
Then the DOJ shouldn't have any issue turning over the requested documents during the discovery process, now should they?
/not a lawyer, but wife is a paralegal in the contract law field
WD at AWA
09-23-2013, 06:02 AM
#488
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Joined APC: Jun 2012
Posts: 1,166
The doj isn't required to allow the aa/us merger just because they allowed the last 3. The nw/dal merger was much different than the aa/us merger. For example neither NW or Dal played the "bottom" of the airline industry like us airways does. US airways sets some pretty low fares and has become an LCC rather than a traditional legacy. Another thing is the market is different than when nw and dal merged. The market is much more concentrated than it was under the last mergers.
In anti-trust law past precedent isn't as strong as other parts of the law. Markets change and so does the metric allowed for mergers.
The best hope for aa/us is try and fight the "1000 connecting 1 stops" and lack of inclusion of swa in the HHI. If they try and base their case on what other mergers were allowed they will lose.
I want the merger to happen but I've educated myself in the way anti-trust law works.
In anti-trust law past precedent isn't as strong as other parts of the law. Markets change and so does the metric allowed for mergers.
The best hope for aa/us is try and fight the "1000 connecting 1 stops" and lack of inclusion of swa in the HHI. If they try and base their case on what other mergers were allowed they will lose.
I want the merger to happen but I've educated myself in the way anti-trust law works.
Last edited by CanoePilot; 09-23-2013 at 06:23 AM.
09-23-2013, 06:26 AM
#490
Gets Weekends Off
Joined APC: Jun 2012
Posts: 1,166
Originally Posted by cubguy
I want the merger to happen but I've educated myself in the way anti-trust law work.
Cant even write a sentence using correct grammar!
So where did you get YOUR law degree, counselor?[/QUOTE]
Nice personal attack there.
I don't have a law degree but I've spoken to a few people who do experience with anti-trust law.
Rather than just repeat "the doj has a weak case" and give each other digital high-fives when crandall posts a rant online. I've decided to actually research what can happen. You're entitled to your own opinion not your own reality.
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