The US DoJ announces an agreement to settle the antitrust litigation challenging the merger of two air carriers (US Airways / American Airlines)

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On November 12, 2013, US Airways, American Airlines, the U.S. Department of Justice (“DOJ”), and several state Attorneys General announced an agreement to settle the antitrust litigation challenging the merger of the two carriers. Cadwalader, Wickersham & Taft LLP acted as antitrust counsel to our long-standing client US Airways Group, Inc. in connection with the proposed merger. Takeaways The US Airways/American deal highlights a number of aspects of the changing antitrust landscape that parties to mergers should keep in mind: • Parties must be prepared to litigate against the government. US Airways/American continues the trend of recent cases (including Anheuser-Busch Inbev/Grupo Modelo and Pinnacle Entertainment/Ameristar Casinos) that demonstrate that litigation is not always

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Charles F. (Rick) Rule, Andrew J. Forman, Daniel J. Howley, Jonathan Kanter, The US DoJ announces an agreement to settle the antitrust litigation challenging the merger of two air carriers (US Airways / American Airlines), 12 November 2013, e-Competitions November 2013, Art. N° 61113

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