American and US Airways Seek November Trial Date for Antitrust Suit
American Airlines’ parent AMR Corporation and US Airways said that they had filed a motion to set a trial date for the lawsuit filed earlier this month by the Department of Justice that seeks to block the merger of the two airlines. The DOJ had previously requested a trial date in roughly six months. Today’s filing asks for a trial date on November 12, 2013. The two airlines also filed a brief in support of the expedited date.
Last week, the Department of Justice filed a civil antitrust lawsuit seeking to block the proposed $11 billion merger between US Airways and American Airlines’ parent AMR Corp. on Tuesday. Six state attorneys general and the District of Columbia joined the DOJ.
The filing in support of the November 12 trial date sets forth an argument that the proposed date is very reasonable based on recent DOJ merger cases. According to the two airlines, the average time from the filing of a complaint to trial has been 70 days over the past 12 years. The filing calls the DOJ request for 180 days “unprecedented” and “unreasonable.”
American had planned on exiting bankruptcy proceedings in conjunction with its merger with US Airways.
The DOJ suit alleges that the merger would greatly lessen competition for commercial air travel in local markets throughout the U.S., and would result in passengers paying higher airfares and receiving less service. It also states that the merger is likely to result in higher ancillary fees, such as checked bags and flights change fees.
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