JetBlue admits Spirit merger would raise fares, court filings allege, putting union in legal peril
JetBlue admits that its merger with Spirit Airlines would lead to higher fares as it retrofits Spirit's aircraft as its own, the plaintiffs in a lawsuit opposing the merger allege.
The plaintiffs, about two dozen passengers and travel agents, are suing the airline in Massachusetts federal District Court to prevent the merger. This parallels the Justice Department's (DOJ) own antitrust suit challenging the merger.
In a court filing on Tuesday arguing against the airlines' request for a summary judgment in the case, the plaintiffs cited various testimony and internal documents from the airlines. The documents appear to state that the merger would lead to higher airfare on Spirit flights and potentially elsewhere across the domestic travel market.
Parts of the filing with the admissions were supposed to be redacted from public view, pending the trial, under a protective order. However, a formatting error in the document, which was uploaded to the publicly viewable court docket, temporarily allowed readers to copy the redacted text and paste it into another document as readable print.
The improper redaction and the contents of the document were first reported by the legal news service Law360.
According to the plaintiff's filing, "JetBlue plans to increase fares on aircraft it acquires from Spirit by at least 24%" as a conservative estimate; it added that "fare increases may be as high as 40%."
The "Defendants' own admissions provide an astounding quality of direct evidence that the merger not only threatens anticompetitive harm, it will almost assuredly result in it," the plaintiffs argue in the document, citing "higher prices, reduced output, the elimination of choice in a vibrant rival, and the diminution of service quality, among other harms."
JetBlue further "acknowledges that Spirit's exit from a route results in market-wide price increases of all other airlines serving that route by 30%," according to the plaintiffs in one of the improperly redacted sections; it also alleges that JetBlue has admitted that the merger would lead to some customers no longer being able to afford air travel.
JetBlue's "own estimates suggest the elimination of Spirit will result in large percentages of Spirit's current customer base...foregoing flights altogether," the plaintiffs wrote. "JetBlue estimates Spirit's entry into markets stimulates increases of 18% to 36% in new passengers."
In a statement provided to TPG, a JetBlue spokesperson said that the effectively unredacted statements in the filing were missing context and not wholly representative of the situation.
"Private plaintiffs' counsel failed to properly redact certain information which, taken out of context, creates a completely inaccurate picture of the facts. We are confident that our merger with Spirit will give a much-needed boost to airline competition in the U.S. and result in more low fares and higher-quality service for customers," the statement read.
"We look forward to laying out all of the evidence to support our case this October."
The DOJ's suit alleges that the merger would lead to higher fares, partly by removing Spirit's competitive pricing from the market and allowing other airlines to raise fares on routes Spirit operates.
Meanwhile, JetBlue has defended the proposed merger by arguing that a stronger, combined JetBlue and Spirit could compete more effectively against the four main domestic carriers — American Airlines, Delta Air Lines, Southwest Airlines and United Airlines — that control roughly 80% of the air travel market share.
Related: Anti-competitive or pro-consumer? American, JetBlue square off with DOJ in antitrust trial
Should the material cited in the consumers' case and revealed in the court filing be introduced by the DOJ as evidence as well, it suggests that the government would have a strong argument to counter JetBlue's defense.
JetBlue recently began the process of unwinding an alliance with American after their partnership was ruled anticompetitive in another suit brought by the DOJ. JetBlue said it would decline to appeal, instead focusing on the merger with Spirit under the assumption that without American's alliance, the path to approval for the Spirit merger would be clearer.
The travelers' case was originally filed in California but transferred to Massachusetts to be in the same court as the DOJ antitrust suit. JetBlue provided the referenced material during the suit's discovery process, which was under a protective order, according to Law360.
Neither the plaintiffs' counsel nor representatives for Spirit immediately returned TPG's request for comment. Law360 reported that lawyers for the plaintiffs and for Spirit asked the outlet not to publish the improperly redacted material. Still, the outlet reported on it because the information was "relevant to a merger of great public interest."
TPG featured card
at American Express's secure site
Terms & restrictions apply. See rates & fees.
| 3X | Earn 3X Miles on Delta purchases. |
| 1X | Earn 1X Miles on all other eligible purchases. |
Pros
- Delta SkyClub access when flying Delta
- Annual companion ticket for travel on Delta (upon renewal)
- Ability to earn MQDs through spending
- Various statement credits for eligible purchases
Cons
- Steep annual fee of $650
- Other Delta cobranded cards offer superior earning categories
- Earn 100,000 Bonus Miles after you spend $6,000 or more in purchases with your new Card within the first 6 months of Card Membership and an additional 25,000 bonus miles after you make an additional $3,000 in purchases on the Card within your first 6 months, starting from the date that your account is opened. Offer Ends 04/01/2026.
- Delta SkyMiles® Reserve American Express Card Members receive 15 Visits per Medallion® Year to the Delta Sky Club® when flying Delta and can unlock an unlimited number of Visits after spending $75,000 in purchases on your Card in a calendar year. Plus, you’ll receive four One-Time Guest Passes each Medallion Year so you can share the experience with family and friends when traveling Delta together.
- Enjoy complimentary access to The Centurion® Lounge in the U.S. and select international locations (as set forth on the Centurion Lounge Website), Sidecar by The Centurion® Lounge in the U.S. (see the Centurion Lounge Website for more information on Sidecar by The Centurion® Lounge availability), and Escape Lounges when flying on a Delta flight booked with the Delta SkyMiles® Reserve American Express Card. § To access Sidecar by The Centurion® Lounge, Card Members must arrive within 90 minutes of their departing flight (including layovers). To access The Centurion® Lounge, Card Members must arrive within 3 hours of their departing flight. Effective July 8, 2026, during a layover, Card Members must arrive within 5 hours of the connecting flight.
- Receive $2,500 Medallion® Qualification Dollars with MQD Headstart each Medallion Qualification Year and earn $1 MQD for each $10 in purchases on your Delta SkyMiles® Reserve American Express Card with MQD Boost to get closer to Status next Medallion Year.
- Enjoy a Companion Certificate on a Delta First, Delta Comfort, or Delta Main round-trip flight to select destinations each year after renewal of your Card. The Companion Certificate requires payment of government-imposed taxes and fees of between $22 and $250 (for itineraries with up to four flight segments). Baggage charges and other restrictions apply. Delta Basic experiences are not eligible for this benefit.
- $240 Resy Credit: When you use your Delta SkyMiles® Reserve American Express Card for eligible purchases with U.S. Resy restaurants, you can earn up to $20 each month in statement credits. Enrollment required.
- $120 Rideshare Credit: Earn up to $10 back in statement credits each month after you use your Delta SkyMiles® Reserve American Express Card to pay for U.S. rideshare purchases with select providers. Enrollment required.
- Delta SkyMiles® Reserve American Express Card Members get 15% off when using miles to book Award Travel on Delta flights through delta.com and the Fly Delta app. Discount not applicable to partner-operated flights or to taxes and fees.
- With your Delta SkyMiles® Reserve American Express Card, receive upgrade priority over others with the same Medallion tier, product and fare experience purchased, and Million Miler milestone when you fly with Delta.
- Earn 3X Miles on Delta purchases and earn 1X Miles on all other eligible purchases.
- No Foreign Transaction Fees. Enjoy international travel without additional fees on purchases made abroad.
- $650 Annual Fee.
- Apply with confidence. Know if you're approved for a Card with no impact to your credit score. If you're approved and you choose to accept this Card, your credit score may be impacted.
- Terms Apply.
- See Rates & Fees