JetBlue Was Robbed When Federal Judge Blocked Spirit Merger

Image: JetBlue Airbus A320 in Fort Lauderdale, Florida. (photo via Boarding1Now/iStock Editorial/Getty Images Plus)
Image: JetBlue Airbus A320 in Fort Lauderdale, Florida. (photo via Boarding1Now/iStock Editorial/Getty Images Plus)

More than three generations ago, back when the Los Angeles Dodgers were still the Brooklyn Dodgers, they used to have trouble getting past the New York Yankees in the World Series after running roughshod in the National League.

The team's fans used to exclaim "we wuz robbed," a mantra picked up by the New York City tabloid newspapers, including the incorrect spelling.

That’s how JetBlue Airways must feel right now.

Robbed.

By now, you have probably heard the news that a federal judge has sided with the Department of Justice and blocked a proposed merger between JetBlue and Spirit Airlines. The judge agreed with the DOJ that competition would be affected and decreased and ruled that Spirit should stay its own airline for now.

Why?

This seems nonsensical and is a slap in the face of the free enterprise system. It’s like going to the grocery to pick up a loaf of bread. If you want to choose between Wonder Bread and a store brand based on price, go right ahead. If you must select Bread Wonder because Kroger or Publix bread isn't available, it is what it is.

That’s how capitalism works.

The ruling by the judge certainly doesn't preclude Spirit from merging with another carrier, such as its original suitor, Frontier Airlines. Some people looking at this from the outside might not have an opinion either way. But I bet shareholders in Spirit are interested in having their share price return doubled.

You can certainly understand the motivation, but the American government should refrain from becoming involved in private business practice. 

The government should understand the disparity in the way jurisprudence works.

By that, I mean you can't even say that a precedent has been set here with the JetBlue and Spirit decision. What happens if another judge rules the opposite in a similar case? What happens if Alaska Airlines' potential merger with Hawaiian Airlines goes before a court?

The government says that the $3.8 billion deal would reduce competition.

How do they know?

The judge said that a merger “would likely place stronger competitive pressure on the larger airlines in the country. At the same time, however, the consumers that rely on Spirit’s unique, low-price model would likely be harmed.”

Funny, but nobody said that when Delta bought out Northwest Airlines or American merged with US Air.


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Rich Thomaselli

Rich Thomaselli

Associate Writer

Editor Associate Writer true 9281 14744 Rich Thomaselli has written for TravelPulse since 2014 and has been a professional journalist for nearly 40 years. His work has appeared in USA Today, the New York Times and New York Yankees publications. He is an 11-time writ

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