By Thomas M. O’Toole, Ph.D.
The United States Justice Department and six states recently filed an antitrust lawsuit in federal court seeking to block a merger between American Airlines and US Airways. The Justice Department argues the merger would reduce competition and drive up costs for consumers, noting the deal would result in 80% of the air travel in America being controlled by only four carriers.
While several analysts suggest a trial is unlikely, this case raises some interesting questions about how to effectively defend against antitrust claims in front of a jury. Let’s look at the story structure put forth by the government and explore the ways in which the airlines can make inroads and motivate jurors to advocate for them in deliberations. Continue reading