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JetBlue And Spirit Airlines To Appeal Merger Block Ruling

JetBlue and Spirit Airlines to appeal merger block ruling, marking a pivotal moment in their fight against a federal judge's decision that halted their proposed $3.8 billion merger.

Author:Habiba Ashton
Reviewer:Emmanuella Shea
Jan 22, 2024
16.2K Shares
245.7K Views
JetBlue and Spirit Airlines to appeal merger block ruling. JetBlue and Spirit Airlines, confronting significant regulatory and financial challenges, have decided to appeal a federal judge's decision that blocked their proposed merger. This development follows a ruling earlier in the week that put a stop to JetBlue's $3.8 billion acquisition of Spirit, as reported by Fortune.

The Antitrust Ruling And Airlines' Countermove

The airlines took immediate action by filing a notice of appeal with the 1st U.S. Circuit Court of Appeals, in accordance with the terms of their merger agreement. The U.S. Justice Department, which has actively opposed the merger on antitrust grounds, has not commented on this latest turn of events.
JetBlue and Spirit, recognized as the sixth and seventh-largest carriers in the nation, have argued that the merger is critical for them to effectively compete against larger airlines. According to Fortune, "JetBlue, which outbid Frontier Airlines, said it needed to acquire Spirit to compete more effectively against even bigger airlines." However, their plan was disrupted when a federal judge in Boston ruled the merger as antitrust law violation, echoing the concerns of the U.S. Justice Department about the potential harm to consumers and higher fares resulting from the elimination of Spirit, a major discount airline.
In a determined response to the ruling, the airlines announced their appeal, though details of their legal strategy were not disclosed. This decision highlights their resolve to pursue the merger despite regulatory challenges.

Financial Struggles Amid Merger Plans

Alongside the legal battle, Spirit Airlines faces significant financial hurdles. Fortune reports that a strong holiday travel season in December positively impacted Spirit's fourth-quarter revenue. Yet, the airline is confronted with the daunting task of refinancing $1.1 billion in debt due in September 2025.
In a statement cited by Fortune, Spirit mentioned, "Negotiations with Pratt & Whitney over engines that need to be reworked — resulting in the grounding of an average of 26 planes a day throughout 2024 — 'have progressed considerably since October.'" The anticipated compensation from these negotiations is expected to be a crucial liquidity source for the airline in the coming years.
The financial stability of Spirit has been precarious since 2020, with analysts suggesting that bankruptcy could loom if the merger with JetBlue does not proceed. The urgency of their financial situation adds another layer of complexity to their appeal against the antitrust ruling.
Following the appeal announcement, there was notable market activity. Fortune reported, "Shares of Spirit, which fell 62% over three days following the ruling, gained 17% in regular trading Friday, and rose another 13% in after-hours trading." Conversely, JetBlue's shares saw a 2% decrease in extended trading.

Conclusion

The situation remains dynamic, with both airlines exploring options to address their financial challenges, including the looming $1.1 billion debt. As the appeal process unfolds, the future of this potential merger and its impact on the airline industry, particularly in the United States, will be closely monitored by industry experts and consumers alike. The outcome of this appeal could set a significant precedent for future mergers and acquisitions within the airline industry, shaping the competitive landscape for years to come.
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Habiba Ashton

Habiba Ashton

Author
BCS Growth Fund (Israel) L.P., a private investment fund specializing in investments in technologically focused businesses with high growth potential, employs Habiba as an analyst. Mrs. Ashton served as an analyst and information manager at the Israel International Fund, the first Israeli venture capital fund designed specifically for Japanese corporate investors, prior to joining BCS. Habiba graduated with honors from Israel's College of Management with a B.A. in Business Administration.
Emmanuella Shea

Emmanuella Shea

Reviewer
Emmanuella Shea is a professional financial analyst with over 9 years of experience in the financial markets. Emmanuella is still concerned about the long-term stability of multimillion-dollar financial portfolios. She is skilled at persuading and manipulating high-ranking individuals in addition to her work as a Financial Analyst. Her decisions are trusted and respected, and her views are highly regarded. Her long-term ambition is to work as a policy advisor at the national level. She wants to use her unwavering dedication and drive to help developing-country people gain more dignity and autonomy.
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