Here?s the special master?s ruling on production of documents about past mergers
A brief summary of the documents at issue11 confirms that they consist largely of subjective opinions, and not merely facts.
Defendants aver that they need the information in order to defend the soundness of their own models and to rebut Plaintiffs? claim that the anticompetitive outcomes of the earlier mergers are likely to be replicated if the instant merger is approved. (See Mot. at 4, Reply at 2- 3).12 Plaintiffs, however, have offered to provide to Defendants all of the material which the other airlines provided to DOJ when DOJ considered those earlier mergers. Using this material, Defendants may complete their own analyses of the earlier mergers and may rely on those analyses defend their own analysis of the current merger and to rebut Plaintiffs? claims.
The Special Master expects that Plaintiffs, as they have represented, will provide Defendants all basic factual material, not already produced, gathered during Plaintiffs? consideration of the earlier mergers.
See Story:
http://aviationblog.dallasnews.com/...duction-of-documents-about-past-mergers.html/