Antitrust & Trade Regulation Transportation

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Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - November 2015

This edition of the Cozen O’Connor Aviation Regulatory Update discusses the Justice Department’s antitrust lawsuit against United Airlines and Delta Air Lines seeking to block the carriers’ proposed slot swap at Newark, DOT’s...more

DOJ Files Lawsuit to Prevent United Airlines from Extracting a Higher Premium at Newark Airport

United Airlines has come under increased antitrust scrutiny during the latter half of 2015. As we previously reported the U.S. Department of Justice (“DOJ”) is investigating an alleged passenger-capacity conspiracy between...more

OIG Posts Advisory Opinion on Free Transportation Program

On October 21, 2015 the Department of Health and Human Services Office of Inspector General posted Advisory Opinion No. 15-13. This Opinion relates to a request for Advisory Opinion about a plan to offer free van shuttle...more

EU Control List Update

The European Commission is revising the list of dual use items subject to EU export, transit and brokering controls. This briefing summarises the main new and deleted entries, primarily concerning machine tools, avionics...more

Court of Appeal Sets Aside Order for Disclosure of Unredacted Commission Decision and Orders Strike Out of Economic Tort-Based...

On 14 October 2015 the Court of Appeal (CoA) handed down its judgment on appeals against orders made by Peter Smith J arising out of an alleged cartel for airfreight services. First, the CoA said the High Court was not...more

FTC Addresses Sharing Economy Following June Workshop

Federal Trade Commission Chairwoman Edith Ramirez recently made statements regarding regulation of the developing “sharing economy” exemplified by on-demand apps and websites such as Uber and Airbnb that connect sellers of a...more

“Airline Collusion” Private Class Actions

Last week, we discussed public reports of an investigation by the DOJ of four major airlines (American, Delta, Southwest, and United) regarding possible collusion. Over the past two months, a number of consumers have filed...more

Is This the End for Global Classes? Foreign Class Claimants and the Real and Substantial Connection Test

On August 26, 2015, Justice Leitch held that the Ontario court does not have jurisdiction over foreign class members in Airia Brands Inc v Air Canada. Counsel on both sides of the class action bar should take note. For...more

The DOJ’s Airline Investigation: A Primer

Last month, the Associated Press was the first to report that the DOJ is investigating whether American Airlines, Delta Air Lines, Southwest Airlines, and United Airlines have engaged in collusion. Since that time, there has...more

Australian Competition Law Update for the Aviation Industry - August 2015

Airlines operating in Australia currently face an unprecedented degree of legal and regulatory change. This shifting landscape presents both opportunities and risks. DLA Piper has significant experience in the aviation...more

Learning from a competitive aviation industry

There were many important take-aways for employers in the aviation industry from the CAPA Asia-Pacific Aviation Summit that we recently attended. A couple are worth highlighting, as they also apply more broadly to Australian...more

The Competition and Markets Authority's consultation on "Competition in passenger rail services in Great Britain" - On 17 July...

On 17 July 2015, the Competition and Markets Authority (CMA) published its consultation document regarding competition in passenger rail services in Great Britain. This followed its announcement in January that it intended to...more

U.S. Senators Introduce Automobile-Focused Cybersecurity Legislation

On July 21, Senators Blumenthal (D-CT) and Markey (D-MA) introduced legislation, the Security and Privacy in Your Car Act (“SPY Car”Act), that would protect drivers’ privacy while allowing them to remain connected to the...more

Divestiture Offer Fails to Save Merger Where FTC Wins on Market Definition Based on Customer Type

Eighteen months after the deal was first announced, Sysco Corporation (“Sysco”) and US Foods, Inc. (“USF”) abandoned their $3.5 billion merger following the Federal Trade Commission’s (the “FTC” or “Commission”) decisive...more

FTC Workshop on the Sharing Economy: Insights and Promise

Following Commissioner Ohlhausen’s opening presentation, Stanford Professor Liran Einav introduced the first morning panel. It was moderated by Nathan Wilson, Economist for the FTC’s Bureau of Economics. Panelists beyond...more

School Bus Company Owners Indicted for Bid-Rigging and Fraud in Puerto Rico

On May 20, 2015, a federal grand jury in San Juan, Puerto Rico indicted five individuals for bid rigging and fraud conspiracies in connection with an auction for public school bus transportation contracts. The auction was...more

FTC Approves Final Order with AmeriFreight: Websites Must Disclose Endorsements

Earlier this year, AmeriFreight, a Georgia-based auto shipment broker, settled with the Federal Trade Commission (FTC) over charges that the company posted customer reviews on its website while failing to disclose that it had...more

New Law Favors Uber and Lyft

Addressing the lack of consistent rules governing app-based ridesharing companies like Uber and Lyft, the Tennessee legislature has passed a bill which establishes a uniform law for the companies’ Tennessee operations....more

Justices Spar Over Pre-Emption as High Court Allows State Law Antitrust Claims to Proceed Against Interstate Pipelines

On April 21, 2015, in a 7-2 decision authored by Justice Breyer, the U.S. Supreme Court ruled that state law antitrust claims brought against interstate pipeline companies by a group of manufacturers and other retail buyers...more

Harper Review: Road Pricing - Are We At A Turning Point?

Several recent reports issued in Australia have highlighted the critical economic impact of road congestion in our major cities. One such report, the Final Harper Competition Policy Review Report (Harper Review) released...more

Competition & Regulation Update: Harper Review - Key Recommendations For Port And Rail Infrastructure Operators/Users

The long-awaited Harper Panel's Final Report on Australian competition law and policy has been released. In this update, we highlight the key recommendations of the panel relevant to port and rail infrastructure operators and...more

Australian Competition Law: Update for the Aviation Industry

Airlines operating in Australia currently face an unprecedented degree of legal and regulatory change. This shifting landscape presents both opportunities and risks. Harper Review creates opportunity for structural...more

Data Privacy and Security Insider

Judge Paul Magnuson, who is presiding over the Target multi-district class action litigation in Minnesota, preliminarily approved the parties’ proposed settlement of the litigation involving the infamous breach affecting up...more

Proceed with Caution: Vehicle to Vehicle Communication Technology

Will the brave new world of automobiles include talking vehicles? According to a plan by the National Highway Traffic Safety Administration (“NHTSA”), the answer is yes. NHTSA has provided advanced notice that it intends to...more

Increasing Antitrust Risk in Non-Reportable Transactions – DOJ Obtains Disgorgement of Profits in Tour Bus Settlement

The U.S. Department of Justice (DOJ) recently reached a settlement with Coach USA Inc. and City Sights LLC, breaking up their joint venture. The DOJ also employed the rarely used remedy of disgorgement to recover $7.5...more

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