Alaska, Hawaiian certify substantial compliance for merger after second DOJ request

Hawaiian Holdings and Alaska Air have disclosed in 8K forms that they have certified substantial compliance on May 7, 2024, with the US Department of Justice's (DOJ) second request for more information in February. The airlines had entered into a timing agreement with the DOJ after the second request about the potential merger. The filing said the timing agreement means that ""Hawaiian and Alaska agreed, among other things, not to consummate the merger before 90 days following the date on which both parties have certified substantial compliance with the second request unless they have received notice from the DOJ prior to the end of such 90-day period that the DOJ has closed its investigation of the merger."" The certified substantial compliance has now triggered the start of this 90-day period in which the DOJ will decide on the merger. The period expires on August 5, 2024. The airlines had disclosed in December last year that they had entered into a merger agreement. No doubt there will be some cynicism surrounding the merger following the high-profile merger termination between JetBlue and Spirit Airlines in March, following the DOJ blocking the merger agreement in January.