In two filings made on Thursday, Special Master Richard Levie said the U.S. Department of Justice did not have to provide most of the work documents American Airlines and US Airways attorneys have requested as part of the pre-trial discovery process.
Levie, who is a retired judge, also recommended that federal judge Colleen Kollar-Kotelly denies the airlines' attorneys requests to view lists of who the DOJ interviewed during its analysis of the proposed merger between American and US Airways.
"The Special Master determines that, although Defendants have established the relevance of their requests, the various privileges asserted by Plaintiffs protect almost all of the requested material from disclosure. Accordingly, the Special Master recommends that the Court grant in part and deny in party Defendants’ Motion," the filing said related to American's request for documents.
A trial in the government's antitrust case against the American-US Airways merger is scheduled for November 25.
UPDATE: American and US Airways issued this joint statement:
"We are reviewing the Special Master’s ruling and will consider all of our options. We are confident in our legal position and our ability to win this case. We look forward to becoming the new American so that we can compete together and deliver the significant benefits of this combination to consumers and all of our stakeholders as soon as possible."