There’s a case right now where the Justice Department wants to kill the partnership between JetBlue and American Airlines called the Northeast Alliance or NEA. Lawyers within the Justice Department are committed to keeping the airline industry competitive. Mergers and alliances could drive up prices for consumers. If the NEA trial rules in favor of the Justice Department, it could cause a major issue in JetBlue trying to acquire Spirit Airlines.

“If (JetBlue and American) win the case, and the judge thinks the NEA does not harm consumers enough, it’s almost guaranteed that there will be an antitrust challenge to the Spirit acquisition,” according to Florian Ederer, antitrust expert and economics professor at Yale University.

The airline argues the alliance with American should be allowed because it’s not a merger. The acquisition of Spirit, however, would merge two airlines.

JetBlue stands by their alliance with American Airlines, stating that it should be allowed because it’s not a merger. However, JetBlue acquiring Spirit Airlines clearly is.

Robin Hayes, JetBlue CEO, says he’s confident he’ll get the approval to buy Spirit. They hope to close the deal in the beginning of 2024.