Beware: When Making Public Comments

Law360, New York (October 18, 2010, 11:27 AM EDT) -- A Northern District of Georgia Federal District Court recently held that allegations that two airline executives had reached an agreement to raise prices through a series of statements made to stock analysts at public press conferences was sufficient to state a claim under Section 1 of the Sherman Act.

The decision (In re Delta/AirTran Baggage Fee Antitrust Litigation) is a reminder that the facts necessary to plead a potential antitrust conspiracy often can be found in unexpected places.

And, despite the more rigorous pleading standards created...
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