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September 24, 2013

American, US Airways asks court (again) to force DOJ to turn over antitrust documents

American Airlines and US Airways attorneys asked a federal court again to force the U.S. Department of Justice to produce documents related to the antitrust lawsuit the government filed to stop the carriers' merger.

In a filing made on Tuesday, the airlines reiterated that government attorneys need to share factual information gathered during the months prior to DOJ filing the lawsuit. Although the DOJ filed its antitrust suit in August, the agency had been investigating the merger prior to the merger announcement which was made in February.

"In preparing their case, Plaintiffs had the advantage of months of pre-filing investigation, including conducting numerous third-party interviews. Having chosen to file suit, Plaintiffs cannot now withhold the relevant facts they learned from those third-parties," the filing said.

Last week, American and US Airways attorneys filed its first motion to compel the government to turn over documents as part of the discovery phase of the antitrust suit. A trial is scheduled for November 25 in a Washington D.C. federal court.

-Andrea Ahles

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