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American Airlines and US Airways approve merger: just the facts, please

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Old Dec 1, 2013, 4:46 pm
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American Airlines and US Airways approve merger: just the facts, please

 
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Old Sep 5, 2013, 4:42 pm
  #16  
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Michigan's attorney general joins the other seven AGs in the DOJ's lawsuit against the US/AA merger: http://aviationblog.dallasnews.com/2...s-merger.html/

According to the article by the outstanding Terry Maxon, the DOJ and (now eight) AGs have amended the complaint (one day before it was due), but little has changed from the original: it seems that they have recalculated the HHIs (due to updated schedules by the airlines? -- doesn't say) and the list is slightly, but immaterially, different.

The summary of the complaint is as follows:
the plaintiffs allege that as a result of the merger:

(a) actual and potential competition between US Airways and American Airlines would be eliminated;

(b) competition in general among network airlines would be lessened substantially;

(c) ticket prices and ancillary fees would be higher than they otherwise would;

(d) industry capacity would be lower than it otherwise would;

(e) service would be lessened; and

(f) the availability of slots at Reagan National would be significantly impaired.

Last edited by hillrider; Sep 5, 2013 at 6:35 pm Reason: Got my DAs and AGs confused...thanks st1575
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Old Sep 5, 2013, 6:19 pm
  #17  
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Originally posted in the discussion thread, but it seems like a fact, so I'm copying it here:
Originally Posted by hillrider

Pretrial proposed dates and mediator choice available at http://aviationblog.dallasnews.com/2...eadlines.html/

Here it is from Terry Maxon's article:
Amended Complaint to be filed Sept. 6
Responses to Complaint due Sept. 10
Exchange Preliminary Witness Lists Sept. 30
Status Hearing (Parties’ joint submission due Sept. 30, noon) 10:30 a.m. Oct. 1
Close of Fact Discovery Oct. 25
Plaintiffs’ Expert Disclosures Oct. 25
Final Deadline for Requests for Admissions to be served Oct. 30
Defendants’ Expert Disclosures Nov. 8
Supplemental and/or Rebuttal Expert Reports Nov. 15
Close of Expert Discovery Nov. 20
Start of trial 9 a.m. Nov. 25
As mediator/arbitrator Richard A. Levie was picked. His résumé is at http://www.jamsadr.com/levie/
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Old Sep 11, 2013, 12:44 am
  #18  
 
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2 facts:
  • Both airlines say they will seek an extension for the merger deadline and
  • Both airlines filed their defense with the court

<redacted>

Last edited by Microwave; Sep 12, 2013 at 4:16 am Reason: Removed commercial content
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Old Sep 12, 2013, 4:21 am
  #19  
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Originally Posted by jspira
2 facts:
  • Both airlines say they will seek an extension for the merger deadline and
  • Both airlines filed their defense with the court
Contents of the briefs:

US Airways Brief
AMR Brief

--------------------

At the moment there are only "sources" reporting that the deadline extension request is coming. This is a facts-only thread: when the extension request comes in, or a party to it announces this intention publicly, then it will be considered fact.

Members are also reminded of the following from the FlyerTalk Guidelines & Rules:

Posts containing promotional messages for commercial products or services - including but not limited to Internet sites, business advertisements and solicitations to donate miles or points are prohibited and will be removed.
~Moderator
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Old Sep 12, 2013, 11:05 am
  #20  
 
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American Airlines’ Plan Wins Bankruptcy Judge’s Approval

Article from Bloomberg:

http://www.bloomberg.com/news/2013-0...-approval.html

Order from Court Confirming Plan, but Disallowing Horton Claim

http://www.amrcaseinfo.com/pdflib/10108_15463.pdf

Last edited by george 3; Sep 13, 2013 at 2:35 pm Reason: Add link to court decision
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Old Sep 18, 2013, 5:37 pm
  #21  
 
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"The 1,800 American Eagle Flight Attendants are seriously questioning the benefits of a merger where wholly owned carriers of the proposed new airline are already being pitted against each other"

Full AFA press release here.

Noticed that release was specifically from AE, and mainline has not issued such a statement.
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Old Sep 23, 2013, 6:09 pm
  #22  
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Extension to Jan 17 filed

Originally Posted by richarddd
...

The amendment to the merger agreement is http://www.sec.gov/Archives/edgar/da...99486dex21.htm It appears to explicitly abandon the Horton bonus as a condition...
(Inserted Content from original agreement in Blue.)
1. Amendment to Section 6.2(a) of the Merger Agreement. Section 6.2(a) of the Merger Agreement is deleted and replaced in its entirety with the following:

[6.2 Termination by Either American or US Airways. This Agreement may be terminated and the Merger may be abandoned at any time prior to the Effective Time by duly authorized action of either American or US Airways if: ]

(a) either (i) the Merger shall not have been consummated by the later of (A) January 17, 2014 and (B) fourteen (14) days after the District Court (as defined below) enters an Order in the Trial (as defined below) in favor of American and US Airways, provided that such Order is entered on or prior to January 17, 2014, or (ii) five (5) days shall have elapsed after the United States District Court for the District of Columbia (the “District Court”) enters a final, but appealable, Order permanently restraining, enjoining or otherwise prohibiting consummation of the Merger following the trial in the proceeding captioned United States of America, et al. v. US Airways Group, Inc. and AMR Corporation (the “Trial”);
[http://www.sec.gov/Archives/edgar/da...6007dex21.htm]

Last edited by JDiver; Sep 27, 2013 at 8:48 pm Reason: redacted discussion question
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Old Sep 25, 2013, 9:32 am
  #23  
 
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AA and US Agree to Extend Merger Termination Date

AA and US agreed to extend the termination date of their pending merger from December 17, 2013 to January 18, 2014.

If the court finds for the DOJ in its legal challenge of the merger, either AA or US may terminate the merger five days after the judge enters the final but appealable order. If the court finds in favor of AA/US, the merger can be terminated on the 15th day after the court order by either party.

The SEC filing of an 8-k (current report) on AA's website can be acessed via the link below. Select the 9-23-2013 report.

http://phx.corporate-ir.net/phoenix....rent%20Reports
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Old Sep 27, 2013, 8:43 pm
  #24  
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Just a reminder - only facts here, please. Discussion should be contained to the AA - US Merger Agreement / Announcement / DOJ Action Discussion (consolidated) thread (even discussion of the facts presented).

In that way, we can keep this thread to the basic minimum with facts and a timeline for members who need to catch up - and allow untrammeled discussion on the other thread.

Discussion posts have been deleted.

Thanks!

/Moderator
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Old Oct 1, 2013, 7:32 am
  #25  
 
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U.S. DOJ files motion to stay anti-trust case with USAir/AMR, citing govt. shutdown.
https://twitter.com/Lebeaucarnews/st...33784220844032
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Old Oct 1, 2013, 7:58 am
  #26  
 
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Department of Justice Asks for Stay in American Airlines, US Airways Merger Case
The request states attorneys for the DOJ are prohibited from working or even volunteering except for "emergencies involving the safety of human life or the protection of property."

The request asks the judge to delay all deadlines for all parties during the shutdown.

Attorneys for the airlines objected to the request, according to documents filed in court.
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Old Oct 1, 2013, 1:12 pm
  #27  
 
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U.S. District Judge Colleen Kollar-Kotelly ruled Tuesday that the antitrust trial of American Airlines and US Airways will go on as planned Nov. 25.
http://aviationblog.dallasnews.com/2...-airways.html/
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Old Oct 1, 2013, 1:47 pm
  #28  
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The Texas attorney general said on Tuesday that his state was dropping out of the U.S. Justice Department lawsuit seeking to block the merger of American Airlines parent AMR Corp and US Airways Group Inc.

http://www.nytimes.com/reuters/2013/...-texas.html?hp
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Old Oct 7, 2013, 7:13 pm
  #29  
 
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APA Asks Florida AG to Reconsider Lawsuit Challenging American Airlines, US Airways Merger
A week after Texas Attorney General Greg Abbott changed his mind about the Department of Justice's lawsuit challenging the merger between American Airlines and US Airways, the Allied Pilots Association is asking the Florida AG to do the same.
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Old Oct 16, 2013, 1:16 pm
  #30  
 
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Democratic lawmakers urge Justice to drop merger lawsuit
A group of 68 Democratic House members wrote to President Obama, urging the Justice Department to drop its lawsuit against the proposed merger of American Airline and US Airways.
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