Skip to content Skip to footer

Justice Department Sues to Block JetBlue-Spirit Merger

Officials are concerned that the merger would decrease competition in an industry that is already highly consolidated.

A JetBlue airliner takes off past Spirit Airlines planes at Fort Lauderdale-Hollywood International Airport.

The Department of Justice (DOJ) has filed a lawsuit to block a merger between JetBlue Airways and Spirit Airlines in the latest antitrust move from the Biden administration.

DOJ officials are challenging the $3.8 billion deal on the grounds that it would further reduce competition and potentially cause a jump in air fares in a time of already heavy consolidation and soaring flight prices.

“If the acquisition is approved, JetBlue plans to abandon Spirit’s business model, remove seats from Spirit’s planes, and charge Spirit’s customers higher prices,” the lawsuit reads. “JetBlue’s plan would eliminate the unique competition that Spirit provides — and about half of all ultra-low-cost airline seats in the industry — and leave tens of millions of travelers to face higher fares and fewer options.”

Airline prices reached a high last year, jumping in the fall by 25 percent over the previous year as Americans prepared to travel for the winter holidays. Extreme consolidation in the airline industry has left customers with few choices but to book with a handful of airlines; just four airlines (American Airlines, Delta, United and Southwest) make up 80 percent of passenger air traffic.

The JetBlue-Spirit merger would even further increase consolidation. Currently, JetBlue is the sixth largest airline. Allowing it to merge with Spirit would make it the fifth largest airline, yielding JetBlue a market share of 10 percent.

JetBlue has argued that the merger would bring down prices, forcing other airlines to lower their fares to compete with the two lower-cost airlines. However, antitrust officials have said that the loss of Spirit Airlines’s independence would mean the loss of Spirit’s extra-low fares, and that JetBlue’s proposed changes to Spirit flights, like removing seats, would force the airline to raise prices to recoup lost fares.

Airline worker unions have been torn about the merger. The Association of Flight Attendants-Communications Workers of America, which represents about 5,600 Spirit flight attendants, has expressed support for the merger; Association of Flight Attendants president Sara Nelson wrote in a letter that she believes the merger would increase competition in the industry and that it was the “anti-merger, merger.”

However, the Transport Workers Union, which represents 6,800 JetBlue flight attendants, raised concerns in a separate letter last month about the potential anti-competitive effects of the merger. “We have yet to see a credible argument that a consolidated JetBlue/Spirit will enhance competition in the domestic airline industry,” the letter said. The union pointed out that hard-fought union victories could be lost by the merger.

Lawmakers have also sounded the alarm about the merger. In September, Sen. Elizabeth Warren (D-Massachusetts) wrote to Department of Transportation Secretary Pete Buttigieg urging him to block the deal, saying it would be in the public interest to do so.

She brought up concerns similar to those of Biden officials, saying that the current dominance of just a few airlines has already demonstrated the dangers of allowing a handful of airlines to control the industry.

“Airline industry competitiveness is in free fall, and consumers are feeling the consequences,” Warren wrote. Major airline “dominance has been achieved not primarily by offering better, more reliable service to passengers at lower fares but instead through a series of airline mega-mergers that have reduced service quality and increased fares.”

Truthout Is Preparing to Meet Trump’s Agenda With Resistance at Every Turn

Dear Truthout Community,

If you feel rage, despondency, confusion and deep fear today, you are not alone. We’re feeling it too. We are heartsick. Facing down Trump’s fascist agenda, we are desperately worried about the most vulnerable people among us, including our loved ones and everyone in the Truthout community, and our minds are racing a million miles a minute to try to map out all that needs to be done.

We must give ourselves space to grieve and feel our fear, feel our rage, and keep in the forefront of our mind the stark truth that millions of real human lives are on the line. And simultaneously, we’ve got to get to work, take stock of our resources, and prepare to throw ourselves full force into the movement.

Journalism is a linchpin of that movement. Even as we are reeling, we’re shoring up all the energy we can to face down what’s coming, because we know that one of the sharpest weapons against fascism is publishing the truth.

There are many terrifying planks to the Trump agenda, and we plan to devote ourselves to reporting thoroughly on each one and, crucially, covering the movements resisting them. We also recognize that Trump is a dire threat to journalism itself, and that we must take this seriously from the outset.

Last week, the four of us sat down to have some hard but necessary conversations about Truthout under a Trump presidency. How would we defend our publication from an avalanche of far right lawsuits that seek to bankrupt us? How would we keep our reporters safe if they need to cover outbreaks of political violence, or if they are targeted by authorities? How will we urgently produce the practical analysis, tools and movement coverage that you need right now — breaking through our normal routines to meet a terrifying moment in ways that best serve you?

It will be a tough, scary four years to produce social justice-driven journalism. We need to deliver news, strategy, liberatory ideas, tools and movement-sparking solutions with a force that we never have had to before. And at the same time, we desperately need to protect our ability to do so.

We know this is such a painful moment and donations may understandably be the last thing on your mind. But we must ask for your support, which is needed in a new and urgent way.

We promise we will kick into an even higher gear to give you truthful news that cuts against the disinformation and vitriol and hate and violence. We promise to publish analyses that will serve the needs of the movements we all rely on to survive the next four years, and even build for the future. We promise to be responsive, to recognize you as members of our community with a vital stake and voice in this work.

Please dig deep if you can, but a donation of any amount will be a truly meaningful and tangible action in this cataclysmic historical moment.

We’re with you. Let’s do all we can to move forward together.

With love, rage, and solidarity,

Maya, Negin, Saima, and Ziggy