COURT DENIES DEFENDANTS’ MOTION FOR SUMMARY JUDGEMENT IN CLASS ACTION ANTITRUST LAWSUIT
October 26, 2023
The United States District Court of the District of Columbia, issued an opinion in which it denied the defendants’ Delta Air Lines and United Airlines motion for summary judgement. The action stems from a class action lawsuit brought against American Airlines, Southwest Airlines, Delta Air Lines, and United Airlines alleging that they conspired with one another to “limit capacity for purposes of increasing airfares.” This allegation, if true, would represent a violation of the Sherman Act. Both American Airlines and Southwest Airlines entered into a settlement agreement with the plaintiffs whereas Delta Air Lines and United Airlines opted to submit a Motion for Summary Judgement. At issue was whether the parallel behavior of the airlines is attributed to an unfair business practice or simply a natural and independent course of business decisions that have led to the same result. Ultimately, the Court denied this Motion, reasoning that the divergence in the expert opinions presented by the parties is indicative of a finding that Summary Judgement would be inappropriate at this time.
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