In the last 15 years, U.S. airlines have enjoyed a winning record in their efforts to overcome Department of Justice (DOJ) Antitrust Division concerns and consummate a spate of mergers, including Delta’s acquisition of Northwest, United’s purchase of Continental, American’s tie-up with US Airways, Southwest’s purchase of AirTran and Alaska Airlines’ takeover of Virgin America.

With this track record, it would be reasonable to anticipate that JetBlue’s planned acquisition of ultra-low-cost Spirit Airlines would be approved by the DOJ. Yet the trial of the DOJ’s challenge to the merger is set to commence in federal court in Boston on Oct. 16, 2023, in the wake of the DOJ successfully blocking the short-lived “Northeast Alliance” between JetBlue and American Airlines.