Why Airline Mergers Don't Fly
In a melodramatic scene from the 1985 movie Rocky IV, the elite Soviet boxer Ivan Drago coldly assessed the wan and beaten body of his American opponent, Apollo Creed: "If he dies, he dies."
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Antitrust regulators must worry they'll come across like a bureaucratic version of Drago if they were to stand in the way of the airline industry as it rushes to consolidate. Surely no one could be so cruel and uncaring, as to let the injured die without offering a little help, a little hand up, a little love?
Airlines today look so sad, so shriveled up. Where did the profits go? First the 2001 terrorist attacks, now $120 barrels of oil?
United Airlines just lost how much in the first quarter? Half a billion? Oh, it's just too painful. We can't let the airlines die. If they want to combine into three jumbo airlines, so be it. If they merge, they merge.
When
Delta Air Lines agreed to buy
Northwest Airlines last week, the better to reduce capacity and raise fares, nary a peep of protest was heard. When United failed to woo
Continental Airlines into a similar arrangement over the weekend, the news knocked $100 million off United's market value—until United announced that it was in advanced merger talks with
US Airways.
It may seem that the idea of headlong airline consolidation is a slam dunk. But not everyone is going along with the idea.
![]() Severin Borenstein |
Severin Borenstein, who was an adviser to the Justice Department as it considered, and eventually turned down, United Airlines' first pass at buying US Airways in 2000, says the government doesn't have to feel like a killer if it decides to block another United Airlines-US Airways deal.
"The only thing that changed is the airlines are broke because the price of oil is high and they'd like to make more money," said Borenstein, who is now a professor at the Haas School of Business at the University of California, Berkeley.
"That's not a particularly tough-love view," Borenstein added. "That's pretty much a standard view among economists. You don't let firms merge just because they're losing money."
Others echo the notion that competition isn't the issue. Elizabeth Bailey, a professor at the Wharton School of the University of Pennsylvania said the airline industry's problem isn't having six or seven major carriers, it's high fuel prices.
With the Bush administration's deal-friendly Justice Department in charge until January 20, 2009, hardly an antitrust concern has been raised in the past month of merger mania in the airline industry.
Delta's agreement to buy Northwest has set the airlines scrambling like desperate singles at a square dance. Money-losing United is especially in the grip of merger fever. "Consolidation is underway; ensuring you have the right partner is everything," United Airlines chief executive Glenn Tilton said over the weekend.
Borenstein said airline C.E.O.'s have a window of opportunity to get a deal done, and they are desperate to act before it closes.
"They see the end of the Bush administration coming and an almost certain increase in antitrust scrutiny of airline mergers after January 20," he said. "So they feel real time pressure to do something if they're ever going to."
Mergers, say the airlines, could save the industry from mounting losses, bankruptcies, and global humiliation. "The U.S. airline industry is in serious decline!" writes James May, the president of the airline industry's lobbying body, the Air Transport Association, in an open letter entitled "Final Approach."
Below a chart comparing the paltry market capitalization of the six incumbent carriers with German carrier Lufthansa, May goes on to quote the pro-consolidation views of Morgan Stanley and J.P. Morgan analysts.
The July 27, 2001, announcement that rejected United Airlines' takeover of US Airways nevertheless looks controversial in hindsight. The September 11, 2001, terror attacks flung the airline industry into its deepest hole ever, and, in many ways, it has never fully recovered.
Borenstein says the Supreme Court has long stood by the idea that rules about the concentration of market power don't go out the window when an industry is suffering.
"So what?" he said. "The airlines are losing hundreds of millions of dollars because they happen to own aircraft when the price of oil went up."
In other words: If they lose, they lose.




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