The Unsecured Creditors Committee has weighed in on the U.S. Department of Justice's anti-trust lawsuit, asking the federal court to schedule a November trial date for the American Airlines-US Airways merger.
In a filing made on Wednesday, the UCC characterized the government's anti-trust arguments as "completely wrong," "fanciful," and "factually unsubstantiated."
The DOJ has asked the court to schedule an anti-trust trial in March, saying it needs the time to assemble evidence and experts for the case. The government has also argued that American's recent profitability points to a successful restructuring and that it could compete as a stand-alone carrier.
The UCC, which was instrumental during the merger negotiations, disagrees.
"The government is completely wrong to suggest that exacerbating the uncertainty regarding AMR's future is of no moment because AMR has a standalone plan of reorganization. On the contrary, AMR's current plan of reorganization, which is based on the Merger Agreement, is the only plan proposed to and voted on by creditors and stakeholders that is before the United States Bankruptcy Court for the Southern District of New York ("the Bankruptcy Court") presiding over AMR's pending Chapter 11 cases; there is no "Plan B" with regard to reorganization," the filing said.
Click here to Download the UCC filing made in federal court