Bloomberg Law Features Goldberg's Insight on Alaska-Hawaiian Airline Deal

01.05.2024

Stinson LLP Partner Roy Goldberg authored an article for Bloomberg Law, "Alaska-Hawaiian Airline Deal Is Exposed to Anti-Merger Fervor," that explores the current political landscape's impact on Alaska Air Group's acquisition of Hawaiian Holdings.

Goldberg states the airline industry is "confronting aggressive government antipathy toward mergers," that puts Alaska's proposed acquisition at risk to anti-merger actions. "Based on the pleadings filed in the JetBlue-Spirit case, this seems to be grounded predominantly in remorse over past merger approvals rather than a legal position based on law or prior practice," he writes.

"Even if the DOJ doesn't challenge Alaska's acquisition, state and local governments attacking the JetBlue-Spirit transaction may independently file a case given the aggressive position they took in that litigation," he writes, while noting the Department of Transportation could try to strike the deal, irrespective of what the Department of Justice and federal courts decide.

"This staunch position is unprecedented, contrary to the Airline Deregulation Act of 1978," he asserts. "An airline merger that historically would have been approved is now subject to political headwinds that are extraordinary in their nature and vigor."

Goldberg also authored an article on the same subject for Attorney at Law Magazine, "Choppy Airspace Awaits Airlines Attempting Mergers in 2024."

Goldberg focuses his practice on commercial and regulatory matters with an emphasis on the transportation industry. He helps airlines and other aviation industry entities in addressing regulatory challenges and in litigation over airport compliance with federal obligations, as well as defense of air carriers in class actions and other litigation.

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