PilotAction Merger News for US Airways & American Airlines #5: October 30, 2013
US Airways, American consider merger settlement: sources
Tom Hoban, an American pilot and Allied Pilots Association spokesman, said earlier on Wednesday that the lobbying will likely continue. "That's part of the overall strategy. We want to compel those that initially came out in support of DOJ and help them get religion on the subject," he said.
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http://www.chicagotribune.com/business/sns-rt-us-americanairlines-usairways-proposal-20131030,0,3874722.story
AMR, US Airways Near Settlement - Carriers Work Toward Plan to Resolve Case With Justice Department
CHICAGO (WSJ.com) - American Airlines and US Airways Group Inc. are preparing a settlement proposal to the U.S. Justice Department that would include offers to give up slots at Reagan National Airport, according to two people familiar with the process.
The Justice Department sued in August to block the airlines' proposed merger, and the antitrust case is set to go to trial on Nov. 25, a high-profile court contest that holds big risks for both sides. The two airlines and the Justice Department recently agreed to consult a mediator to negotiate toward a settlement. The parties also have said they remain open to resolving the case outside of court.
One of the people cautioned that the two airlines still are expecting to go to trial. Richard Parker of O'Melveny & Myers LLP, which is representing US Airways, also said on Wednesday that the airlines were ready for trial and anxious to make their case.
A big AMR bondholder said he has been pushing the airlines for weeks to offer to divest AMR slots at Reagan National, which is just outside Washington, D.C., but the carriers so far have seemed reluctant.
AMR Chief Executive Tom Horton, at a conference in New York Tuesday, reiterated his company's belief that a settlement is better for both sides and that it is the airlines' responsibility to make a strong settlement proposal.
The airlines are hoping to offer a package of divestments to the regulators, focused largely on relinquishing some slots at Reagan National. Industry analysts have discussed the possible concession of Reagan slots since the two carriers announced their merger plans in February. If they combined, the airlines would control two-thirds of the flights from the slot-controlled airport.
The possible proposal could also include other concessions, said the other person, but much remains to be negotiated and any proposals could be rejected.
Still, the airlines may struggle to resolve the Justice Department's concerns simply with divestments. The government's antitrust suit makes sweeping, fundamental arguments against the merger, including how it could harm competition, reduce air service and increase fares.
The suit specifically mentions that the merger would leave the combined carrier with too many slots at Reagan, but it also lists more than 1,000 routes where regulators believe the merger would significantly harm competition.
The Justice Department's antitrust chief, Bill Baer, has said the government was willing to listen to settlement proposals, but also insisted the department believes the "right solution" was a court injunction to block the deal. A department spokeswoman declined to comment Wednesday.
If combined, AMR and US Airways would be the largest carrier in the world by traffic, vaulting ahead of United Continental Holdings Inc. and Delta Air Lines Inc.
AMR and US Airways contend their merger would offer fliers more choice and a bigger route network, as well as serve as a counterbalance to United and Delta, which have expanded through recent combinations.
The merger would significantly boost the combined airline's presence in a few big airports, including Reagan National, LaGuardia Airport in New York and Boston Logan International Airport. AMR has a strong position in Chicago, Los Angeles, Dallas and Miami, while US Airways is the largest carrier in Philadelphia, Phoenix and Charlotte, N.C. But the two airlines are typically small in the airports where the other is dominant, according to Innovata LLC, an aviation-data firm.
Jamie Baker, a J.P. Morgan airline analyst, said in a recent note that he has slightly boosted his estimate that the merger will go ahead. But he isn't optimistic the parties will reach a negotiated solution to avoid the trial. "Satisfying the entirety of the DOJ's complaint would result in significantly diminished revenue synergies, to the point that costs would rise in a merger and little else," he said.
Vinay Bhaskara, an analyst for Aspire Aviation, a Hong Kong-based research firm, has compiled his own list of potential givebacks that might make regulators accept the merger. The list includes divesting slots at Reagan National and gates in Charlotte and Chicago, as well as selling a route authority to São Paulo, he said. "There is something in here for everyone," Mr. Bhaskara said. "This list eliminates many markets of concern."
If no settlement is reached, the Nov. 25 trial is expected to last 10 to 12 days. The parties would file post-trial briefs in late December and closing arguments would take place on Jan. 6.