Justice Department won’t say whether Alaska-Hawaii merger was successful

HONOLULU (KHON2) — Alaska Airlines and Hawaiian Airlines announced this week that they have reached a major milestone in their proposed merger as the Justice Department’s antitrust review period expired Monday evening.

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However, the DOJ has not commented on whether they have approved the deal or if there are any conditions they expect to be met. Federal regulators can sue to block mergers before and even after the sale closes.

“I think it’s a misconception that this is an agreement and not a step in the process,” explained Bill Baer, the only person to have headed the antitrust divisions at both the Justice Department and the Federal Trade Commission.

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“That’s not to say I think there’s necessarily going to be a challenge, but it’s also not right to say that means there won’t be a challenge. From my experience, I wouldn’t conclude approval. I would conclude continued uncertainty.”

Baer said that because the Department of Transportation still has to approve the merger, the Justice Department is likely still cooperating with the Department of Transportation and has plenty of time to file a motion for a temporary injunction if antitrust officials are unfavorable to the merger.

KHON2 asked Alaska and Hawaiian if they received any direct approval from the Department of Justice or if they entered into an agreement with certain conditions.

We are waiting for your response.

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KHON2 also reached out to the Department of Justice to ask whether the deal was approved immediately or conditionally, and an agency spokesperson said they declined to comment at this time.

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