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JetBlue and Spirit await their fate from a potentially hostile US DOJ

Premium Analysis

The US Department of Justice (DOJ) has said that it would render a decision sometime in Mar-2023 about suing to block the merger between JetBlue and Spirit Airlines. The two airlines have been working through the formal process to gain regulatory approval for the acquisition, and during early Feb-2023 Spirit CEO Ted Christie said that a decision by DOJ regarding the deal should be issued in 30 days (or so).

So far it is unknown whether the DOJ will ultimately try to block the union, but the administration of US President Biden has largely been critical of corporate consolidation.

Some arguments against the deal are hard to reconcile.

According to the New York Times, JetBlue has offered to relinquish some of Spirit's assets in Boston, New York and Fort Lauderdale, in order to push the merger through. JetBlue has stated that it would mount a legal challenge against any decision by the DOJ to prohibit its acquisition of, and merger with, Spirit, which would draw out the process and leave the deal's fate open to high levels of uncertainty.

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