9th Circ. Nixes Southwest-AirTran Merger Challenge

Law360, New York (February 4, 2014, 7:26 PM EST) -- The Ninth Circuit on Tuesday refused to revive a putative class action challenging Southwest Airlines Co.'s $1.4 billion merger with AirTran Holdings Inc., ruling that the consumers had no evidence to show they were harmed by the deal.

A three-judge panel upheld the district court's dismissal of the case, which was filed the day after the deal closed with approval from the U.S. Department of Justice and sought to force Southwest to divest its recently acquired rival budget airline.

The panel agreed that the plaintiffs hadn't...
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