The Danger Of Affirmative Public Statements

Law360, New York (September 15, 2010, 2:52 PM EDT) -- The economic downturn has increased public interest in how businesses, and the industries they are in, plan to become or remain profitable.

Companies are eager to describe their plans for improvement, and analysts probe for more and more detailed information, asking questions such as, “What do you think the industry needs to do to become profitable?” Or, more directly, “Would you consider implementing a price increase if your competitor did so?”

As In re Delta/AirTran Baggage Fees, case number 1:09-md-2089-TCB (N.D. Ga. Aug. 2, 2010), shows,...
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