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Comment on the Case:Transpacific Passenger Air Transportation Antitrust (Price Fixing) Litigation Against China Airlines,Etc.

2011; Canadian Center of Science and Education; Linguagem: Inglês

1913-9012

Gong Bai-hu,

EU Law and Policy Analysis

This case involves allegations that 26 airlines including China Airline engaged in a ten year international conspiracy to fix the prices of transpacific air passenger travel,in violation of Section 1 of the Sherman Antitrust Act,15 U.S.C.§ 1.On May 9,2011,the District Court for the Northern District of California dismissed with prejudice air passenger travel claims.In rejecting application of the trade exception,the court explained that plaintiffs failed to take account of the significant difference between cargo,to which their definition of import commonly applies,and people.The court also rejected plaintiffs' reliance on the domestic effects exception to FTAIA's jurisdictional bar.