State Air Cargo Antitrust Claims Preempted, 2nd Circ. Says

Law360, New York (October 11, 2012, 4:20 PM EDT) -- The Second Circuit ruled Thursday that federal aviation law preempts price-fixing claims brought against foreign carriers under state antitrust statutes, upholding the dismissal of indirect purchaser claims from multidistrict litigation over an alleged air cargo cartel.

A three-judge panel rejected a bid from plaintiffs who bought air shipping services through freight forwarders and the like to revive their state law claims against British Airways PLC, Societe Air France and almost two dozen other foreign airlines.

The court concluded that despite some ambiguity in the Federal Aviation...
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