THE FUTURE OF AIRLINE MERGERS AFTER THE US AIRWAYS AND AMERICAN AIRLINES MERGER

摘要

Despite the varied nature of the opinions and theories surrounding merger enforcement generally and in the airline industry, a critical analysis of the impact of the US Airways and American Airlines merger reveals the failure of the Antitrust Division of the DOJ to protect present and future competition by allowing the creation of the world's largest airline. Because of the shift in the development and interpretation of merger enforcement from the judiciary to the enforcement agencies, the enforcement agencies should be more vigilent in protecting competition and should restrict future consolidation of airlines. They should also learn from the US Airways and American Airlines merger in considering proposed mergers in other industries, such as the cable industry. In conclusion, although a particular policy rationale may support the merger of competitors, antitrust law exists to protect competition for the benefit of consumers-not to protect individual competitors-and the enforcement agencies must act consistently with this purpose.