HONOLULU (KHON2) -- Alaska Airlines and Hawaiian Airlines announced this week that they had reached a significant milestone in the proposed merger, as the Department of Justice antitrust review period expired Monday evening.
However, DOJ is staying mum on whether they have approved the deal or if there are any conditions that they expect to be met. Federal regulators can sue to block mergers before and even after sales close.
"It is, I think, erroneous to assume that this is a clearance as opposed to a step in a process,” explained Bill Baer, the only person to have led antitrust divisions at both the DOJ and the Federal Trade Commission.
“It doesn't mean that I think there's necessarily going to be a challenge, but it is also wrong to say this means there won't be a challenge. From my experience, I would not infer approval. I would infer continued uncertainty.”
Baer said because the Department of Transportation still has to approve the merger, the DOJ is likely still coordinating with DOT and has plenty of time to file a request for preliminary injunction if antitrust officials lean unfavorably toward the merger.
KHON2 asked Alaska and Hawaiian if they have received any outright DOJ approval or if they made a consent agreement with any conditions.
We are waiting to hear back.
KHON2 also asked the DOJ if they approved the deal outright or conditionally, and an agency spokesperson said they are declining comment at this time.