Cadwalader Assists US Airways in Settlement with DOJ on Merger with American Airlines

November 14, 2013

Cadwalader, Wickersham & Taft LLP (Cadwalader), a leading counselor to global financial institutions and corporations, served as antitrust counsel to US Airways Group, Inc., helping its long-standing client reach a settlement with the Department of Justice and several states attorneys general that paves the way for a merger with AMR Corporation, the parent company of American Airlines.

The DOJ and seven state attorneys general had brought suit under the antitrust laws to block the merger in August.  A settlement agreement was reached in the litigation on November 12, 2013, and the merger is expected to close by the end of the year.

The Cadwalader Antitrust team was led by Charles “Rick” Rule, Partner Andy Forman and newly-elected Special Counsel Dan Howley.  Rick Rule, a former head of the Antitrust Division himself is head of Cadwalader’s Antitrust Group, and Managing Partner of the firm’s Washington, D.C. office, and has represented parties in many of the most significant antitrust matters of the last 25 years.  Recognized as a leading antitrust lawyer by The Legal 500 in 2012, Andrew Forman, who was previously a senior attorney at the FTC’s Bureau of Competition, has represented US Airways on a number of matters and specializes in helping clients address the antitrust challenges in major strategic transactions.

This merger is the latest in a series of strategic transactions on which Cadwalader’s Antitrust Group has advised.  The Antitrust Group regularly provides advice in connection with mergers & acquisitions, joint ventures, antitrust grand jury/criminal matters, civil antitrust investigations, and public and private antitrust litigation.

For more information about the settlement, see the US Airways’ press release.