United Airlines and Continental Airlines Merger and Litigation

Compass Lexecon experts, Professors Dennis Carlton and Daniel Rubinfeld were retained by Katherine Forrest, of Cravath, Swaine & Moore LLP (now at the DOJ) and Paul Yde of Freshfields Bruckhaus Deringer LLP to advise United Airlines and Continental Airlines on their merger. Professors Carlton and Rubinfeld, along with Compass Lexecon’s Theresa Sullivan, Steven Peterson, and Bryan Keating, evaluated the competitive effects and consumer benefits arising from the merger, which was cleared by the U.S. Department of Justice. Professor Rubinfeld was also retained in a private antitrust action contesting the airlines’ planned merger. Professor Rubinfeld testified in a preliminary injunction hearing in Federal Court in California on the competitive effects and consumer benefits of the merger. The judge refused to issue the preliminary injunction sought by the plaintiffs and the merger was completed on schedule. Professor Rubinfeld was assisted by Theresa Sullivan, Steven Peterson, and Bryan Keating.