Spirit Mergers and Acquisitions Presentation Deck
>>> Spirit Shareholders Lose in All NEA Litigation Scenarios
We consider Jet Blue's simplistic view on litigation
outcomes to be severely flawed, inaccurate and
misleading
Yes
NEA Allowed
Potential Litigation Outcomes
Will JetBlue win the NEA
litigation?
Further limits ability for
JetBlue to engage in M&A
Still a high-fare airline
trying to buy a low-fare
airline and raise fares
Inability to consummate a
transaction with Spirit
No
NEA Blocked
JetBlue and / or American
likely appeals which can
take a year or longer to
resolve
Still a high-fare airline
trying to buy a low-fare
airline and raise fares
If JetBlue wins or settles the NEA litigation, the DOJ will
be even more determined to stop a JetBlue
acquisition of Spirit as JetBlue will have just completed
a de facto merger with American Airlines (the largest
airline in the world) - this is not a reasonable risk for
Spirit's shareholders to bear
If JetBlue loses the NEA litigation, JetBlue (and / or
American) would likely appeal in a last-ditch effort to
save the anticompetitive alliance that it has implied is
more important than an acquisition of Spirit - that
process could take well over a year to resolve
Neither outcome changes the fact that JetBlue is a high-
fare airline trying to buy a low-fare airline and raise
fares
In all cases, Spirit shareholders lose with JetBlue's
proposal as it is not reasonably capable of being
consummated
The anticompetitive NEA should be blocked and Spirit cannot commit to a deal that leaves its shareholders
on the sidelines while JetBlue engages in a litigation marathon with DOJ
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