American Airlines, JetBlue antitrust class actions consolidated

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Update: 

• A federal judge consolidated two class action lawsuits alleging American Airlines and JetBlue have an unlawful agreement that prevents head-to-head competition between the two at four of the largest U.S. airports.
• In an order filed Jan. 10, U.S. District Judge Ann M. Donnelly consolidated the similar antitrust class actions filed in or transferred to New York’s Eastern District.
• Consumers who purchased airline tickets going to or from Boston’s Logan International Airport, New York’s John F. Kennedy International Airport and LaGuardia Airport and New Jersey’s Newark Liberty International Airport filed the lawsuits.
• In both cases, the plaintiffs claimed an agreement made in July 2020 between American Airlines and JetBlue — dubbed the Northeastern Alliance — is anticompetitive and “leads to supracompetitive prices for consumers.” 
• Both plaintiffs now plan to file a consolidated complaint, court documents state.

American Airlines JetBlue agreement class action lawsuit overview: 

• Who: Katrina Berger filed a class action lawsuit against JetBlue American Corp. and American Airlines Group Inc. 
• Why: Berger claims American Airlines and JetBlue have violated the Sherman Antitrust Act with their Northeastern Alliance agreement. 
• Where: The class action lawsuit was filed in New York federal court. 

(Dec. 12, 2022)

American Airlines and JetBlue have an unlawful agreement in place that prevents head-to-head competition between the two at four of the largest U.S. airports, a new class action lawsuit alleges. 

Plaintiff Katrine Berger claims the agreement made in July 2020 between American Airlines and JetBlue — dubbed the Northeastern Alliance — is anti-competitive and “leads to supracompetitive prices for consumers.” 

Berger argues the Northeastern Alliance — as cited by the U.S. Department of Justice — allows American Airlines and JetBlue to earn the same revenue regardless of which of the two airlines a passenger flies on at Boston’s Logan International Airport, New York’s John F. Kennedy International Airport and LaGuardia Airport and New Jersey’s Newark Liberty International Airport.

“The DOJ concludes, as this Action does, that the ‘Alliance is anticompetitive and unlawful as a whole, and the output coordination and revenue-sharing restraints present particular competitive concerns due to their inherently anticompetitive nature,’” the American Airlines and JetBlue class action states. 

American Airlines, JetBlue accused of violating Sherman Antitrust Act

Berger wants to represent a nationwide class of direct purchasers of JetBlue or American Airlines tickets going to or from Logan, LaGuardia, JFK and Liberty since the Northeastern Alliance was established July 16, 2020. 

The class action accuses American Airlines and JetBlue of violating the Sherman Antitrust Act. The plaintiff is demanding a jury trial and requesting declaratory and injunctive relief, along with an award of actual and treble damages for herself and all class members. 

In September, the U.S. Department of Transportation announced it had created a customer service dashboard for airline passengers who need help in the event of a controllable cancellation or flight delay. 

Have you purchased a ticket for a JetBlue or American Airlines flight going to or from an airport included in the Northeastern Alliance? Let us know in the comments. 

The plaintiffs are represented by Blake Hunter Yagman, Israel David, Hayley Lowe and Madeline Sheffield of Israel David LLC. 

The American Airlines and JetBlue agreement class action lawsuit is Berger, et al. v. JetBlue Airways Corp., et al., Case No. 1:22-cv-07374, in the U.S. District Court for the Eastern District of New York. 

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