DOJ Statement on Third Circuit’s Grant of Antitrust Division’s Motion to Vacate District Court Decision in United States v. Sabre Corp, attributable to Department of Justice Spokesperson Brianna Herlihy
July 21, 2020
“We are pleased that the Court of Appeals for the Third Circuit granted the Antitrust Division’s motion to vacate the District Court's decision in United States v. Sabre Corp. et al. This case was rendered moot by the Defendants' decision to abandon their anticompetitive merger, and as such the Division was unable to pursue an appeal to demonstrate the errors in the District Court's analysis. In particular, we believe that the District Court was wrong to conclude that the merger must be permitted despite the District Court’s findings that Sabre and Farelogix compete and that Sabre would have an incentive to raise prices and stifle innovation following the acquisition. Because of the Court of Appeals’ decision, the District Court’s errors should not influence the analysis when these important issues are litigated in future cases."