On May 9, 2011, the District Court for the Northern District of California dismissed with prejudice air passenger travel claims based on foreign injury in an MDL action alleging a ten-year international conspiracy among the airlines to fix the prices of transpacific air passenger travel. Memorandum Opinion, In re Transpacific Passenger Air Transp. Antitrust Litig., No. C-07-05634 CRB ("Mem. Op.").

The court drew the line at claims of injury based on "the overcharges associated with flights originating in Asia" and held that such claims of injury fall outside the Court's subject matter jurisdiction under the Foreign Trade Antitrust Improvement Act ("FTAIA").