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Comment: JetBlue-Spirit decision an important win for US DOJ, with nuggets of favorable case law for defendants

By Serafina Smith ( January 19, 2024, 19:17 GMT | Comment) -- A US federal judge’s opinion blocking JetBlue and Spirit’s merger is the second win in a Clayton Act merger challenge for the Department of Justice under the Biden administration – and while it's a clear victory on the facts, there are nuggets of legal findings that could aid defendants in the long run. While US District Judge William Young found the merger clearly anticompetitive, his opinion also offers a new take on the agencies’ approach to presumptions and meeting their burden to establish a prima facie case, and credits the ease of entry and market dynamism in the airline industry.A US federal judge’s opinion blocking JetBlue and Spirit’s merger is the second win in a Clayton Act merger challenge for the Department of Justice under the Biden administration – and while it's a clear victory on the facts, there are nuggets of legal findings that could aid defendants in the long run. ...

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