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Supreme Court of the United States

Supreme Court rejects attempt to block AA-US Airways merger

Bart Jansen
USA TODAY

The Supreme Court has rejected a request to block the merger of American Airlines and US Airways, which is scheduled to close Monday.

American Airlines and US Airways reached a settlement with the Justice Department for a merger.

Justice Ruth Bader Ginsburg rejected the request late Saturday from a group of 39 airline passengers who argued that the merger would hurt consumers by reducing competition.

The 28-page filing by New Jersey lawyer Gil Messina cited a Government Accountability Office report in June that 53 million passengers would be affected by the merger eliminating competition in 1,660 pairs of cities.

"It is, plaintiffs respectfully submit, clear that the proposed merger, if not stayed, will result in irreparable harm due to the lessening of competition and the elimination of a competitor," the request said.

The request came the same day the 2nd U.S. Circuit Court of Appeals rejected the request to halt the merger of what would become the world's largest airline.

A U.S. Bankruptcy Court judge had approved the merger after the Justice Department settled its lawsuit that attempted to block the merger, under an agreement with the airlines to give up limited slots for landings and takeoffs at Washington's Reagan National airport, New York's LaGuardia airport and a handful of other airports.

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