American and JetBlue Move to Dismiss DOJ Antitrust Lawsuit


On November 22, 2021, American and JetBlue airlines moved to dismiss a Department of Justice lawsuit challenging the airlines’ agreement to coordinate flights in the Northeast.

In their motion, American and JetBlue argue that the complaint is “defective” because the DOJ has not alleged that the agreement has caused higher prices or a reduction in quality, and therefore has not actually harmed competition.

The DOJ, along with a group of state attorneys general, brought the lawsuit in September in Massachusetts federal court.  The agreement at issue enables the airlines to share revenues and coordinate flights between Boston and New York City’s three main airports.  Passengers can use either airline’s website to buy a single itinerary that includes flights on both airlines.  The DOJ said in a press release that this results in a de facto merger that will eliminate significant competition between the airlines.

If the airlines fail to dismiss the lawsuit, both sides have proposed a September 2022 trial over the agreement.

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Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in California, Georgia and Pennsylvania.

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About Kristyn Fields

Kristyn Fields' practice is focused on antitrust litigation. Kristyn is a Senior Associate in the firm's New York office.Prior to joining F&F, Kristyn interned for the Honorable Martin Marcus, New York Supreme Court, Bronx County. As well, Kristyn participated in the Brooklyn Law Incubator & Policy Clinic providing pro bono counsel to emerging start-up companies. While at Brooklyn Law School, Kristyn served as an Executive Articles Editor of the Brooklyn Journal of Corporate, Financial & Commercial Law. Also, Kristyn was a member of the Moot Court Honor Society.Kristyn earned her J.D. from Brooklyn Law School (2016). Kristyn earned her undergraduate degree from Boston College (B.A., Political Science, 2013).Kristyn is licensed to practice law in New York.

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