UNITED STATES; State of Arizona; State of California; District of Columbia; State of Florida; Commonwealth of Massachusetts; Commonwealth of Pennsylvania; Commonwealth of Virginia, Plaintiffs, Appellees,
v.
AMERICAN AIRLINES GROUP INC., Defendant, Appellant,
JetBlue Airways Corporation, Defendant.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
November 8, 2024.
November 8, 2024.
Attorney(s) appearing for the Case
Gregory G. Garre, with whom Alfred C. Pfeiffer, Jr., Samir Deger-Sen, Christopher S. Yates, Farrell J. Malone, Peter E. Davis, Christine C. Smith, Marissa Marandola, and Latham & Watkins LLP were on brief, for appellant.
Mark C. Fleming, Leon B. Greenfield, Natalie M. Morrissey, Wilmer Cutler Pickering Hale and Dorr LLP, Tyler S. Badgley, Kevin R. Palmer, and U.S. Chamber of Commerce Litigation Center on brief for Chamber of Commerce of the United States of America, amicus curiae.
Peter J. Carney, Dana Foster, Cansu Gunel, Andrew Hamm, Bryan D. Gant, and White & Case LLP on brief for The International Center for Law & Economics and Antitrust Scholars, amici curiae.
Daniel E. Haar, with whom Jonathan S. Kanter, Assistant Attorney General, U.S. Department of Justice, Antitrust Division, Doha G. Mekki, Principal Deputy Assistant Attorney General, Hetal J. Doshi, Deputy Assistant Attorney General, Michael B. Kades, Deputy Assistant Attorney General, David B. Lawrence, Policy Director, Markus A. Brazill, Counsel to the Assistant Attorney General, William H. Jones II, Counsel to the Director of Civil Litigation, Patricia C. Corcoran, James H. Congdon, Scott L. Reiter, John J. Sullivan, Nickolai G. Levin, Matthew A. Waring, and Alice A. Wang were on brief, for appellees.
Robert K. Shelquist, Lockridge Grindal Nauen PLLP, and Christopher L. Sagers, on brief for Professors of Law, Business, and Economics, amici curiae.
Before Barron, Chief Judge, Kayatta and Gelpí, Circuit Judges.
KAYATTA, Circuit Judge.
In 2020, American Airlines and JetBlue entered into a joint venture called the Northeast Alliance ("NEA"), under which the carriers effectively agreed to operate as a single airline with respect to most of their routes in and out of Boston and New York City. The U.S. Department of Justice ("DOJ"), joined by several states...
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