[Travelandtourism] update AA-US Airways Merger

[cheryl echevarria]

AA-US AIRWAYS MERGER: DOJ OPEN TO SETTLING ITS LAWSUITby Michèle McDonaldAugust 30, 2013

The Department of Justice (DOJ) indicated for the first time that it might be open to settling its antitrust lawsuit against the proposed American Airlines and US Airways merger.
In a joint statement to the court by the DOJ and the airlines, DOJ said the “plaintiffs are open to a settlement that addresses the competitive harms posed by the merger but have not yet received any such proposal from the defendants.”
It was a narrow sliver of light – possibly just a show of good faith by the DOJ – but it opened the door. The lawsuit and earlier statements by DOJ officials seemed to leave little room for consideration of a settlement and some observers said the department had painted itself into a corner.
Wiggle roomThe most likely area for wiggle room is the issue of slots at Washington National Airport, where the combined carrier would hold 69% of the slots and would have a monopoly on 63% of the nonstop routes served out of the airport, according to the lawsuit.
The airlines, however, say they have proposed options to the DOJ.
“Defendants attempted to settle the case before it was brought, have publicly indicated their willingness to consider alternative approaches to settlement, and continue to believe there ought to be a realistic possibility of settlement,” they said in a joint statement.
Trial dates proposedThe parties will meet Aug. 30 with U.S. District Judge Colleen Kollar-Kotelly to discuss a trial date.
The airlines want a quick resolution, not only because delays leave them in limbo but also because they are costly. Every day that American remains in bankruptcy costs the carrier $500,000 in professional fees.
The airlines have proposed a trial date of Nov. 12 but the DOJ proposed March 3, saying it needs more time to prepare the case.
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