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Alaska-Hawaiian Airlines Merger: DOJ’s Ruling Expected Today – Potential Concessions Revealed – View from the Wing
Alaska-Hawaiian Airlines Merger: DOJ’s Ruling Expected Today – Potential Concessions Revealed
Unless there’s another extension, we’ll learn today whether the Department of Justice signs off on an Alaska Airlines – Hawaiian Airlines merger, or files suit against it. The parties have been negotiating feverishly over conditions that Alaska would agree to in order to avoid government opposition. And there’s some suggestion now about what concessions may be demanded.
The Biden administration has opposed most business combinations. They’ve had mixed success at best – except in the airline industry. They won verdicts against the JetBlue partnership with American Airlines and against JetBlue’s acquisition of Spirit, leaving the New York market less competitive and ultra-low cost carrier Spirit Airlines on the brink of collapse.
- The deal doesn’t create monopoly or consolidation on inter-island flights within Hawaii, though many observers expect Alaska to reduce seat capacity on these frequently money-losing routes (though Hawaiian outperforms Southwest flying between the islands). These are brutal routes with low fares, and Alaska might offer fewer seats on regional jets which could lower costs and boost fares.
- It would create some consolidation between the mainland and Hawaii, but these are highly competitive routes. United, American and Delta all are big players here as well.
- There’s been no clamoring of opposition to the deal. Hawaiian politicians have been supportive. Unions haven’t been outraged.
All this suggests that a deal should be possible, notwithstanding that the Biden administration has opposed most forms of consolidation and cooperation (successfully in the airline industry, less so outside of it).
While it’s unclear what a deal could look like that allows Alaska Airlines to move forward with its acquisition of Hawaiian without DOJ opposition, I suggested two possibilities directly related to the acquisition.
- Route guarantees. Alaska could agree to maintain existing flying between the islands for a certain period of time, or not to drop capacity for a period of time where Hawaiian and Alaska currently compete.
- Gate space in Honolulu. They could be forced to give up some of their prime real estate to foster competition.
And I offered two potential, unrelated remedies that DOJ could seek.
- Gates and slots at other congested airports. There’s no reason that remediation has to come in the form of routes or assets directly implicated by the merger. When US Airways wanted approval of its deal to acquire American one of the things it gave up was gate space at Dallas Love Field (ironically to Virgin America, since acquired by Alaska, though partially now utilized by Delta rather than a small low cost airline).
Alaska’s assets in this regard are limited – beyond-perimeter slots at Washington’s National airport, some slots at New York JFK, but they could be asked to give up prime real estate in Seattle or San Francisco (for instance).
- The West Coast Alliance Alaska partners with American Airlines, DOJ could be asking Alaska to choose – Hawaiian or American. Dropping American Airlines codesharing wouldn’t be especially impactful to passengers. While status members would miss reciprocal upgrades, as long as Alaska remains in oneworld most of the benefits for customers would remain. And American hasn’t really taken advantage of the partnership – they haven’t built up the Pacific hub in Seattle they had planned.
Beat of Hawaii suggests that the two items under discussion are, in fact, the two directly-related items that I offered.
DOJ might impose conditions on the merger, such as a commitment to maintain current seat capacities and flight frequencies on interisland routes for a certain period, possibly for up to a decade. This would ensure that Alaska Airlines does not reduce service levels, which could lead to increased pricing and diminished accessibility for Hawaii’s residents.
…DOJ could require Alaska to relinquish some of its control over key airports like Honolulu (HNL) and Seattle (SEA) to prevent anti-competitive behavior. To us, that appears a less likely concern than the interisland issue.
Hawaiian shareholders are on edge – the deal gets them a huge premium, and share price will likely drop markedly if DOJ files suit. The airline is on shakier ground than the largest carriers.
Alaska is overpaying for relatively limited assets, but gains widebodies and some experience in transpacific flying.
HawaiianMiles members will see their miles become much more valuable, assuming an almost inevitable 1:1 conversion into Alaska’s Mileage Plan. But there might be some needed consolidation along the way, as well as presaging Alaska’s expansion into long haul, as long as DOJ doesn’t kill this like they killed competition in the Northeast and the ultra-low cost carrier market.
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Tourist accused of hurling rock at endangered Hawaii monk seal’s head is arrested by federal agents
A tourist who drew widespread condemnation in Hawaii after a witness recorded him chucking a coconut-sized rock at “Lani,” a beloved, endangered Hawaiian monk seal off a Maui beach, was arrested Wednesday by federal agents.
Igor Mykhaylovych Lytvynchuk, 38, of Covington, Washington, is charged with harassing a protected animal, the U.S. attorney’s office in Honolulu said, adding that National Oceanic and Atmospheric Administration special agents arrested him near Seattle. He was scheduled to appear in U.S. District Court in Seattle on Thursday.
The court docket didn’t list an attorney, and a person who answered the phone at a number associated with Lytvynchuk declined to comment.
A state Department of Land and Natural Resources officer last week investigated a report of Hawaiian monk seal harassment in Lahaina, the community that was largely destroyed by a deadly wildfire in 2023. A witness showed the officer video of the seal swimming in shallow water while a man watched from shore.
“In the cellphone video, the man can be seen holding a large rock with one hand, aiming, and throwing it directly at the monk seal,” prosecutors said in a criminal complaint. The rock narrowly missed the seal’s head, but caused the “animal to abruptly alter its behavior,” the complaint said.
When a witness confronted the man, he said “he did not care and was ‘rich’ enough to pay any fines,” the complaint said.
Maui resident Kaylee Schnitzer, 18, told HawaiiNewsNow she witnessed the incident while taking photos nearby.
“What he was picking up was like a rock the size of a coconut,” Schnitzer said. “It wasn’t no small rock. It was the size of a coconut. And he threw it right, directly aiming towards the monk seal’s head.”
Maui Mayor Richard Bissen said the charges send a clear message that cruelty toward protected wildlife won’t be tolerated. Lani’s return after the wildfires brought a sense of healing and hope during a difficult time, he said.
“Lani is a reminder that humanity and the instinct to protect what is vulnerable are still values people can unite around,” Bissen said in an emailed statement.
The mayor said he called the U.S. attorney in Honolulu to advocate for prosecution.
Lytvynchuk is charged with harassing and attempting to harass an endangered Hawaiian monk seal.
Hawaiian monk seals are a critically endangered species. Only 1,600 remain in the wild.
“The unique and precious wildlife of the Hawaiian Islands are renowned symbols of Hawaii’s special place in the world and its incredible biodiversity,” U.S. Attorney Ken Sorenson said in a statement. “We are committed to protecting our vulnerable wild species, in particular, endangered Hawaiian monk seals.”
If convicted, Lytvynchuk, faces up to one year in prison for each charge. He also faces a fine of up to $50,000 under the Endangered Species Act and a fine of up to $20,000 under the Marine Mammal Protection Act.
In 2016, a man was seen on video appearing to beat a pregnant Hawaiian monk seal in shallow water.
HAWAII VOLCANOES NATIONAL PARK (HawaiiNewsNow) – The United States Geological Survey Volcanoes said episode 47 of lava fountaining at the summit of Kilauea is expected to begin on Wednesday or Thursday.
USGS said that with the eruption likely imminent, the Hawaiian Volcano Observatory raised the alert level from advisory to watch and the aviation color code from yellow to orange.
All activity remains confined to Halemaʻumaʻu crater in Hawaii Volcanoes National Park.
Click here to check the alerts and conditions before heading to the park.
Copyright 2026 Hawaii News Now. All rights reserved.
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