Airline Antitrust Preemption Fight Heads To 2nd Circ.

Law360, New York (March 13, 2012, 8:44 PM EDT) -- Indirect purchasers seeking to revive state antitrust claims against airlines accused of conspiring to fix air cargo rates argued Friday that federal aviation law does not preempt state suits against foreign carriers, in an appeal that asks the Second Circuit to revisit a dispute the Ninth Circuit decided in April.

The indirect purchaser plaintiffs were originally dismissed from multidistrict litigation over the alleged global cartel in 2009 after a judge concluded their state price-fixing claims were preempted by the Federal Aviation Act, but their appeal was...
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