AMERICA WEST AIRLINES, INC. v. BURNLEY

No. 87-1639.

838 F.2d 1343 (1988)

AMERICA WEST AIRLINES, INC., Petitioner, v. James H. BURNLEY, IV, Secretary U.S. Department of Transportation, Respondents, USAir Group, Inc., Piedmont Aviation, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 19, 1988.


Attorney(s) appearing for the Case

John E. Gillick, with whom, Robert Reed Gray and Robert A. Burka, Washington, D.C., were on the brief, for petitioner.

Diane R. Liff, Asst. Gen. Counsel for Litigation, Dept. of Transp., with whom, B. Wayne Vance, Gen. Counsel, Dept. of Transp., Washington, D.C., was on the brief, for respondents. Thomas L. Ray, Counsel, Dept. of Transp., Washington, D.C., also entered an appearance for respondents.

Michael S. Sundermeyer, with whom, Brendan V. Sullivan, Jr., Lee M. Hydeman, Stephen H. Lachter, James T. Lloyd, for USAir Group, Inc.; Robert M. Lichtman, Washington, D.C., Joseph F. Healy, Jr. and David R. Murchison, Winston-Salem, N.C., for Piedmont Aviation, Inc., were on the brief, for intervenors, USAir Group, Inc. and Piedmont Aviation, Inc.

Before SILBERMAN and SENTELLE, Circuit Judges, and GREENE, District Judge.


Opinion PER CURIAM.

PER CURIAM:

This matter is before the Court on petition of America West Airlines, Inc. (America West) for review of Department of Transportation orders approving the merger of USAir Group, Inc. (USAir) and Piedmont Aviation, Inc. (Piedmont). America West contends that the merger will result in impermissible entry barriers, increased market power and a substantial reduction of competition in the relevant markets. Since it appeared to the...

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