Court Tosses Transpacific Air Passengers' Claims Based on Alleged Overcharges for Flights Originating in Asia

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").

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Published In: Antitrust & Trade Regulation Updates, Civil Procedure Updates, International Trade Updates, Transportation Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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