Ted Christie, the CEO of Spirit Airlines, said during the earnings call that the airline rejected the $3.6 billion acquisition offer from JetBlue because it was too large.

Since the Justice Department has already sued JetBlue and American Airlines to break-up the Northeast Alliance, it is not possible for a JetBlue purchase to get antitrust approval.

Christie said Thursday that the merger attempt with JetBlue would not have been successful if Spirit had objected to the NEA on competitive grounds.

He said that an acquisition of Spirit by JetBlue would be approved by the DOJ while it is suing the airline.

The DOJ is having discussions over the merger. He said a vote on the merger could be held in June.

The sale can close by the end of the year if all issues with regulators can be resolved.