Yoshimoto

facts demonstrating each element” of constitutional standing, including that the

plaintiff suffered an “actual or imminent” injury-in-fact. Spokeo, Inc. v. Robins,

578 U.S. 330, 338-39 (2016) (citation omitted). To be “imminent,” the “threatened

2 24-6692 injury must be certainly impending.” Clapper v. Amnesty Int’l USA, 568 U.S. 398,

409 (2013) (quoting Whitmore v. Arkansas, 495 U.S. 149, 158 (1990)). Plaintiffs’

complaint and their opposition to Defendants’ motion to dismiss express concern

that the acquisition “may cause loss and harm to the Plaintiffs, and to the public at

large” by raising prices and reducing consumer choice. To the extent Plaintiffs

allege a pocketbook injury from more expensive airline tickets or an antitrust

injury in the form of fewer carriers to choose from, those injuries are not

sufficiently imminent to establish standing because none of the Plaintiffs alleged a

desire or plan to purchase an airline ticket in the future. Plaintiffs’ general

allegations do not identify an injury-in-fact that is sufficient to confer Article III

standing.

However, the district court erred in dismissing Plaintiffs’ complaint…