Biden administration takes on JetBlue as its fight against industry consolidation goes to court

The Biden administration’s fight against consolidation in the airline industry will be tested Tuesday with lawyers for JetBlue Airways and the Justice Department squaring off in court Tuesday.

JetBlue isn't exactly the sort of behemoth that comes to mind when imagining a defendant in an antitrust case. It is the sixth-largest U.S. airline by revenue, and it is trying to buy the seventh-biggest. If it swallows Spirit, JetBlue will leapfrog Alaska Airlines but still control less than 10% of the U.S. air-travel market. It would remain far smaller than American, United, Delta or Southwest.

The Justice Department argues, however, that Spirit is the disruptive force that needs to be protected. The Biden administration may be having remorse for mergers that the Obama administration allowed to go through and which eliminated Northwest, Continental, US Airways and AirTran as competitors to the four largest U.S. airlines. Before the current case, the Justice Department sued to quash a JetBlue-American partnership in which they shared revenue from flights in New York and Boston.

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