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Airlines Say Antitrust MDL Barred By Filed-Rate Doctrine

August 15, 2014, Law360

Covington partner Anita Stork recently argued a motion summary judgement for client Philippine Airlines, which is quoted in this article:

"Under questioning from Judge Breyer, Philippines Airlines attorney Anita Stork of Covington & Burling LLP said the airlines file the majority of their rates with the ATPCO, and the remainder are “unfiled rates within the delegated authority and jurisdiction of the DOT.”

"Judge Breyer then asked if there's any evidence that the Department of Transportation evaluated the defendants' air-travel rates to determine whether they're reasonable. After some grilling, Stork conceded that there isn't any direct evidence. “I would argue that the actions they're taking — exempting some air fares and not others, and the authority they exercise over surcharges, is indirect evidence,” Stork said. “And it doesn't matter. It's not the court's place to tell the DOT how to regulate. They have not abdicated their role. That's all we need to know. Our work here is done.”

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