Regulators are concerned about more than market share. They want to know how a proposed merger affects travelers, including whether the combined company will be able to significantly raise fares on routes where the two companies previously competed head-to-head. And the Biden administration is uniquely focused on the impact of corporate deals on economic inequality by, for example, raising fares and suppressing wages. It is not always easy to predict the likely impact of any given deal, legal experts said.
A merger between Frontier, which is concentrated in the West, and Spirit, which is concentrated in the East, would create a larger national budget airline that could pressure bigger carriers to drop fares in more cities. But the deal would eliminate their competition on competitive routes, potentially hurting cost-conscious travelers.
In addition, Frontier and Spirit have been criticized for poor customer service, and Phil Weiser, the attorney general of Colorado, where Frontier is based, warned federal regulators last month that the merger “creates a real and pressing risk” that service could worsen if the two companies merged.
JetBlue already competes with the four large airlines in cities like New York and Boston and could challenge them further if it is able to acquire Spirit’s planes, airport gates and staff. Consumers could benefit from a better flying experience thanks to the perks that JetBlue offers. But Spirit’s ultracheap fares may not survive because JetBlue tends to cater to more affluent travelers and has been expanding premium services like business-class seats.
Another factor that could complicate JetBlue’s bid for Spirit is that it is already enmeshed in an antitrust lawsuit brought by the Justice Department. The department is seeking to nullify an alliance between JetBlue and American in the Northeast, a deal that one official described last year as a “de facto merger.” The agency said in its lawsuit that American, the largest airline in the country, would use the partnership to “co-opt a uniquely disruptive competitor.” JetBlue and American deny that their deal is anticompetitive and are fighting the case in court.
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JetBlue executives said this week that they intended to continue the company’s partnership with American in the Northeast. They also said that buying Spirit would allow JetBlue to compete more aggressively with the four big airlines.