Last week, William Young, an 82 year old federal judge appointed by Ronald Reagan, blocked the merger of #SpiritAirlines and #Jetblue. It was a seismic event:

https://storage.courtlistener.com/recap/gov.uscourts.mad.254267/gov.uscourts.mad.254267.461.0_6.pdf

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https://pluralistic.net/2024/01/22/anything-that-cant-go-on-forever/#will-eventually-stop

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Seismic because the judge's opinion is full of rhetoric associated with the surging #antitrust revival, sneeringly dismissed by corporate apologists as "#HipsterAntitrust." Young called America's airlines and "#oligopoly," a situation he blamed on out-of-control mergers. As @matthewstoller writes, this is the first airline merger to be blocked by the DOJ and DOT since deregulation in 1978:

https://www.thebignewsletter.com/p/antitrust-enforcers-block-the-jetblue

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Antitrust Enforcers Block the JetBlue-Spirit Merger

For the first time, the Antitrust Division stopped an airline merger, despite wailing from executives about industry woes. That's a historic win. It's also the end of the beginning for our movement.

BIG by Matt Stoller

The judge wasn't shy about why he was reviving a pre-Jimmy Carter theory of antitrust: "[the merger] does violence to the core principle of antitrust law, 'to protect] markets –- and its market participants -- from anticompetitive harm."

The legal arguments the judge advances are fascinating and worthy of study:

https://twitter.com/johnmarknewman/status/1747343447227519122

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John Mark Newman (@johnmarknewman) on X

Still reading but already an interesting opinion! Will add a few thoughts below... 🔽

X (formerly Twitter)

But what really caught my eye was @ddayen's #AmericanProspect article about the judge's commentary on the state of the #aviation industry:

https://prospect.org/infrastructure/transportation/01-19-2024-how-boeing-ruined-the-jetblue-spirit-merger/

Why, after all, have Spirit and Jetblue been so ardent in pursuing mergers? Jetblue has had two failed merger attempts with Virgin, and this is the *third* time they've failed in an attempt to merge with Spirit.

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How Boeing Ruined the JetBlue-Spirit Merger

The judge’s ruling in the case revealed all the deficiencies in the manufacturing and distribution of commercial air travel.

The American Prospect

Spirit, meanwhile, just lost a bid to merge with Frontier. Why are these two airlines so obsessed with combining with each other or any other airline that will have them?

As Dayen explains, it's because US aviation has been consumed by monopoly, hollowed out to the point of near collapse, thanks to neoliberal policies at every part of the aviation supply-chain.

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For one thing, there's just not enough pilots, nor enough air-traffic controllers (recall that Reagan's first major act in office was to destroy the air traffic controller's union).

But even more importantly, there are no more planes. #Boeing's waitlist for airplane delivery stretches to *2029*. And Boeing is about to deliver a lot *fewer* planes, thanks to its disastrous corner-cutting, which grounded a vast global fleet of #737Max aircraft (again):

https://prospect.org/infrastructure/transportation/2024-01-09-boeing-737-max-financial-mindset/

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Boeing 737 MAX Incident a By-Product of Its Financial Mindset

The door plug that ripped off an Alaska Airlines plane only exists because of cost-cutting production techniques to facilitate cramming more passengers into the cabin.

The American Prospect

The 737 disaster(s) epitomize the problems of inbred, merger-obsessed capitalism. As #LukeGoldstein wrote, the rampant defects in Boeing's products can be traced to the decision to approve Boeing's 1997 merger with #McDonnellDouglas, a company helmed by Jack Welch proteges, notorious for cost-cutting at the expense of reliability:

https://prospect.org/infrastructure/transportation/2024-01-09-boeing-737-max-financial-mindset/

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Boeing 737 MAX Incident a By-Product of Its Financial Mindset

The door plug that ripped off an Alaska Airlines plane only exists because of cost-cutting production techniques to facilitate cramming more passengers into the cabin.

The American Prospect
@pluralistic I knew enough about the industry to know it was the MD merger that destroyed Boeing quality, but didn't realize it was yet another group of Welch sycophants who flew McDonnell Douglass into the ground in the first place. That explains SO MUCH, and is one of those facts that is 100% unsurprising upon discovery.