Appeals Court Upholds Antitrust Ruling Against American Airlines and JetBlue Partnership

In a recent decision by a U.S. appeals court, American Airlines’ attempt to overturn a ruling that declared its Northeast Alliance with JetBlue Airways as anticompetitive has been rejected. The alliance, which allowed the two airlines to coordinate schedules and share revenue on flights in and out of New York and Boston, was deemed to violate federal antitrust law, according to The HR Digest. The ruling upholds a previous decision by Judge Leo Sorokin, who found that the partnership posed significant concerns for competition within the region.

The decision, issued by a three-judge panel of the Boston-based 1st U.S. Circuit Court of Appeals, was authored by Circuit Judge William Kayatta. Judge Kayatta argued that the arrangement exhibited essential characteristics of an agreement between “two powerful competitors sharing revenues and divvying up highly concentrated markets.” According to The HR Digest, Sorokin’s detailed findings, which came after a non-jury trial in May 2023, showed that the alliance tilted the scales in favor of both airlines at the expense of consumer choice.

U.S. Attorney General Merrick Garland praised the court’s decision, calling it a win for consumers who rely on competitive airfare prices. “This ruling is a hard-won victory for the millions of Americans who count on competition between airlines to fly affordably, whether to visit family, go on vacation, or travel for business,” Garland said in a statement. The Department of Justice (DOJ), alongside several states, argued that the Northeast Alliance discouraged competition and raised barriers for new entrants in an already concentrated market, leading to potentially higher fares and fewer options for travelers.

Read more: American Airlines and JetBlue Lose Bid to Dismiss Antitrust Lawsuits Over Former Alliance

In response, Fort Worth-based American Airlines expressed disappointment with the decision, maintaining that the Northeast Alliance had enhanced competition and offered passengers greater choice and flexibility in the Northeast. “The Northeast Alliance was designed to increase competition and expand customer options in the Northeast, which it clearly did during the time it was allowed to operate,” the airline stated. American Airlines is currently weighing its options, which may include requesting a rehearing from the 1st Circuit or potentially appealing to the U.S. Supreme Court.

The DOJ had argued that the alliance between American, the largest airline in the U.S., and JetBlue, the sixth-largest, stifled competition, ultimately discouraging American from reducing fares to attract passengers from JetBlue, known for its competitive pricing. According to The HR Digest, JetBlue ended the alliance earlier this year after the DOJ challenged its separate $3.8 billion bid to acquire Spirit Airlines, citing similar antitrust concerns.

The Northeast Alliance, formed in 2020, enabled the two airlines to coordinate operations as a unified entity in key markets. However, with the recent court decision, American Airlines will face limitations on forming similar partnerships for a decade, effectively restricting its potential for future regional alliances.

Source: The HR Digest