The US district court is allowing Virgin America to file a brief on the competitive implications of the proposed American Airlines and US Airways merger, in the US government’s challenge to the deal.
The Burlingame, California-based low-cost carrier opposes the merger “as structured” and says that the divestiture of gates and slots at a few key airports, including New York LaGuardia and Washington National, cannot address the competitive issues alone, in a court filing today.
“Virgin America believes that it can show the court that unless this merger is blocked, a simple fix for a few large airports will leave most of the hub-hub routes as monopoly markets and the connecting city pairs and all the passengers who travel in them without any remedy at all,” it says.
The US District Court for the District of Columbia approved Virgin America’s request today, allowing it to file an amicus curiae brief by 15 November.
Southwest Airlines, which is seeking any potentially divested slots at LaGuardia or National, received approval for a similar brief on 7 November.