DC Circ. Kills Airlines' Challenge To DOT Ad Price Rule

Law360, Chicago (July 24, 2012, 6:39 PM EDT) -- Spirit Airlines Inc. and Southwest Airlines Co. lost their challenge Tuesday to a U.S. Department of Transportation rule requiring airlines to prominently display tax-included total airfare prices in advertisements, with the D.C. Circuit shooting down their First Amendment arguments against the rule.

In a majority opinion denying petitions for review of the Enhancing Airline Passenger Protections final rule the DOT issued last year, U.S. Circuit Judge David S. Tatel wrote that the ad price requirement "does not prohibit airlines from saying anything."

While the rule limits...
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