Have the winds suddenly shifted for U.S. air travel, or is it just some momentary turbulence?
05.03.2025 - 21:29 / thepointsguy.com
American Airlines is asking the U.S. Supreme Court to review a lower court's decision that spelled the end of its Northeast Alliance with JetBlue.
In a petition filed to the high court, the Fort Worth, Texas-based carrier called a nearly two-year-old ruling against the joint venture between the two airlines a "clear legal error" and one that "threatens to wreak havoc" on future collaborations between other companies.
As part of the arrangement, the two airlines collaborated on schedule and "slots" (or tightly regulated takeoff and landing rights) at a handful of heavily congested northeast airports. The Northeast Alliance also offered reciprocal loyalty benefits to AAdvantage and TrueBlue members.
Following a lengthy trial in 2023, a federal judge struck down the deep partnership between American and JetBlue on antitrust grounds, siding with the Biden administration's argument that the arrangement was anti-competitive.
American appealed the May 2023 court ruling following the trial. JetBlue opted not to join the appeal and focused instead on its proposed merger with Spirit Airlines — which a federal judge later struck down.
In its recent Supreme Court filing, American argued that the lower court took a flawed view of the Northeast Alliance's effects on competition. While the joint venture may have reduced some competition between American and JetBlue, the airline argued that the alliance formed a more formidable competitor in the region to Delta Air Lines and United Airlines.
"The decision, not the NEA, reduced output to the detriment of consumers. But it will also chill other collaborations benefitting consumers," American wrote in its petition, filed last month but made public in recent days.
Will the high court ultimately take up the case?
"The whole thing looks a little like a Hail Mary to me," Florian Ederer, professor and antitrust legal expert on the faculty at Boston University's Questrom School of Business.
Still, Ederer noted, the arrival of the Trump administration could set American's petition up for more success in reversing the Northeast Alliance ruling if the Supreme Court does ultimately opt to hear the case.
"It could lead maybe the [U.S. Department of Justice] not pushing back quite so aggressively in a court case, in case this is taken up by the Supreme Court," Ederer said. "The leadership at the DOJ is now a very, very different one than it was two years ago."
Ultimately, the big question for travelers hinges on whether some version of the Northeast Alliance — or another comparable airline partnership — could someday return.
Neither carrier has explicitly suggested the two carriers could again partner. In fact, JetBlue has made clear that it's talking to a variety of airlines.
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Have the winds suddenly shifted for U.S. air travel, or is it just some momentary turbulence?
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