Southwest Tells 9th Circ. Plaintiffs' Delay Dooms Merger Suit

Law360, New York (June 19, 2012, 7:08 PM EDT) -- Southwest Airlines Co. told the Ninth Circuit on Monday that a group of consumer plaintiffs had waited too long to challenge its $1.4 billion merger with AirTran Holdings Inc., dooming their proposed antitrust class action.

In response to the plaintiffs' appeal seeking to revive the litigation, Southwest and AirTran argued that the plaintiffs had abandoned their right to injunctive relief by waiting until a day after the transaction closed to bring their Clayton Act suit.

In their reply brief, the budget carriers urged the court to...
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