Airlines Can't Ditch Price-Fixing MDL, 9th Circ. Rules

By Daniel Siegal (April 14, 2017, 7:01 PM EDT) -- The Ninth Circuit on Friday affirmed a district court's holding that All Nippon Airways, EVA Airways and China Airlines cannot, by pointing to federal price regulations, escape multidistrict litigation accusing the airlines of fixing prices on transpacific flights.

In a published, 28-page opinion, a three-judge panel held that U.S. District Judge Charles R. Breyer had correctly ruled on summary judgment that the airlines cannot escape antitrust damages claims related to fares and surcharges customers paid on certain transpacific flights, just because the U.S. Department of Transportation oversees the airlines' fares and surcharges.

Circuit Judge Milan D. Smith Jr., writing for the...

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