Antitrust Lessons Drawn from the Challenges of the AMR/US Air Merger

The proposed merger of the bankrupt AMR Corporation (parent company of American Airlines) with US Airways Group, Inc. (parent company of US Airways) to create the new American Airlines was announced in February 2013. Despite the European Commission's August 5 clearance of the merger with minimal commitments, the Antitrust Division of the U.S. Department of Justice (DOJ), joined by seven states and the District of Columbia, brought suit to permanently enjoin the merger on August 13. United States v. US Airways Group, Inc., 1:13-cv-01236 (D.D.C. Filed Aug. 13, 2013). The content of the DOJ's complaint demonstrate the DOJ's modus operandi for litigating a merger. A private suit to enjoin the merger was filed immediately before the DOJ's action and remains pending.