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JetBlue Airways and Spirit Airlines are set to appeal a federal judge’s decision that halted their $3.8 billion merger.

In blocking the merger on Tuesday, U.S. District Judge William Young said it would “substantially lessen competition,” violating the Clayton Act designed to prevent anti-competitive harms for consumers.

Judge Young’s decision, as he wrote, aimed to prevent JetBlue from “gobbling up Spirit” and potentially altering its role as a maverick, low-cost carrier. He expressed concerns that the merger would double JetBlue’s industry stake and consolidate an already oligopolistic market. JetBlue argued that acquiring Spirit is essential to compete effectively with larger airlines.

This comes after the Justice Department had sued to block the merger, with Attorney General Merrick Garland stating last March that the merger would limit consumer choices and increase ticket prices nationwide. President Biden praised the judge’s decision as beneficial for consumers, aligning with his administration’s focus on encouraging competition to combat inflation.

President Biden added, “Capitalism without competition isn’t capitalism – it’s exploitation,” Biden remarked, emphasizing the administration’s commitment to enforcing antitrust laws.

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