US Airways, American push back on Justice Department merger lawsuit

Fri Sep 20, 2013 5:48pm EDT
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WASHINGTON (Reuters) - US Airways and American Airlines, whose proposed merger has been stalled by U.S. government opposition, urged a court on Friday to require the Justice Department to turn over documents relating to its approval of four previous airline mergers.

The Justice Department filed a lawsuit on August 13 to stop the planned merger of US Airways LCC.N and American's parent, AMR Corp AAMRQ.PK, arguing that the deal would lead to higher air fares and other fees. A judge will hear the case without a jury in November and decide whether the deal can go forward.

The airlines have said that the merger is needed to help them compete in a rapidly consolidating industry.

In their motion, US Airways and American asked for analyses, studies, forecasts and other documents relating to the Justice Department's approval of the four mergers completed over the past decade.

Delta Air Lines Inc (DAL.N: Quote) acquired Northwest Airlines in 2008, United (UAL.N: Quote) merged with Continental in 2010 and Southwest Airlines Co (LUV.N: Quote) bought discount rival AirTran in 2011. US Airways bought America West in 2005.

Justice Department spokeswoman Gina Talamona said that the agency would reply formally to the motion next week.

The motion for the material, which could be quite extensive, will likely be granted, said Robert Skitol, an antitrust expert with Drinker Biddle & Reath LLP.

"There's no doubt about it being very burdensome," said Skitol. "This is very resource-intensive."

Previously, the government had said the request was too broad, and that data on previous mergers not relevant to this case.   Continued...

An American Airlines jet takes off while U.S. Airways jets are lined up at Reagan National Airport on the day U.S. Airways' stockholders are expected to vote on whether to approve the $11 billion merger of the two airlines effectively creating the world's largest carrier, in Washington July 12, 2013. REUTERS/Larry Downing