9th Circ. Pares State Claims In Airline Antitrust Suit

Law360, New York (April 18, 2011, 8:41 PM EDT) -- The Ninth Circuit on Monday gutted a putative class action accusing Korean Air Lines Co. Ltd. and Asiana Airlines Inc. of price-fixing, ruling that the Airline Deregulation Act of 1978 preempted state law claims against foreign and domestic carriers.

In a case of first impression, the appeals court panel affirmed a lower court’s dismissal of hundreds of millions of dollars in antitrust claims brought by indirect purchasers under state law, finding that the ADA’s preemption provision extends to foreign airlines even though the salutatory language only...
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