JetBlue on Thursday notified Spirit Airlines that it may terminate its merger agreement as early as Jan. 28, according to a Friday JetBlue filing with the U.S. Securities and Exchange Commission.
JetBlue in the filing indicated certain closing conditions required by the merger agreement from July 28, 2022, “may not be satisfied” by the New York-based carrier prior to the dates in the agreement, and accordingly, the merger could be canceled.
Spirit later on Friday responded with its own SEC filing stating that it will “continue to abide by all of its obligations” under the agreement and “expects JetBlue to do the same.” The carrier “believes there is no basis for terminating the merger agreement,” according to the Spirit filing.
JetBlue and Spirit announced in July 2022 their intentions to merge. The U.S. Department of Justice in March 2023 filed a civil antitrust lawsuit to block the merger. The judge in that trial, which had closing arguments in December, ruled earlier in January against the merger. As of Jan. 19, JetBlue and Spirit jointly filed a notice to appeal that determination.
JetBlue noted that it “continues to evaluate its options,” and that unless and until the merger agreement is terminated, the carrier will continue to abide by all of its obligations under the agreement.
