DOJ amends AMR/US Airways merger lawsuit to add plaintiff, fix errors

By Caroline Salls

Pittsburgh, Sept. 5 - The Department of Justice (DOJ) filed an amended version of the lawsuit against AMR Corp. and US Airways Group, Inc. that asks the U.S. District Court for the District of Columbia to issue a permanent injunction against the merger of AMR subsidiary American Airlines and US Airways, according to a Sept. 5 filing.

The amended complaint adds the State of Michigan as a plaintiff.

As previously reported, the plaintiffs in the original version of the antitrust suit were the DOJ, the states of Arizona, Florida, Tennessee and Texas, the commonwealths of Pennsylvania and Virginia and the District of Columbia.

The amended complaint also corrects calculation errors made in an appendix.

As part of a scheduling and case management order entered Thursday, the airlines agreed not to complete their planned merger until seven days after the court enters an order on the DOJ complaint.

In addition, the parties agreed to the appointment of Richard A. Levie as special master to oversee lawsuit-related discovery.

The trial on the antitrust suit is scheduled to begin on Nov. 25. A status conference is set for Oct. 1.

US Airways is an airline operator based in Tempe, Ariz.

AMR, the Fort Worth-based parent of American Airlines, filed for bankruptcy on Nov. 29, 2011 in the U.S. Bankruptcy Court for the Southern District of New York. Its Chapter 11 case number is 11-15463.

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