The US Department of Justice (DOJ) calls American Airlines and US Airways claims for certain information from its merger analyses “irrelevant” to the court case challenging the carriers’ proposed merger.
“Defendants have no need for these privileged internal analyses, which are irrelevant to the lawfulness of the challenged merger,” says the agency in a filing with the US District Court for the District of Columbia today.
American and US Airways have requested the DOJ’s factual records on the previous four airline mergers that it approved as well as the identities of the third-parties it spoke with when analyising the carriers’ proposed nuptials.
The DOJ argues that the requests have no “basis in law”, citing a number of previous example where courts have blocked similar requests as part of the evidence discovery process.
The parties are preparing for an at least 10-day trial in the DOJ’s challenge to the merger that is scheduled to begin on 25 November.
The agency challenged American and US Airways proposed merger on 13 August.