O’Melveny’s Simmons Quoted in Law360 on Representation of Airlines in Cargo Price-Fixing Suit

April 20, 2012

The April 19, 2012, Law360 article “Airlines Warn Of Chaos In 2nd Circ. Cargo Price-Fixing Suit,” reported on a recent case in the Second Circuit involving several foreign airlines involved in a class action of state antitrust violations for allegedly fixing air cargo rates. O’Melveny & Myers LLP partner Ian Simmons, a lawyer for Asiana Airlines Inc., who argued on behalf of about two dozen airlines involved in the appeal, told Law360, “it’s not disputed that U.S. airlines are out of reach of state laws. But a court ruling for these antitrust plaintiffs saying that state laws apply to foreign carriers could have disruptive spillover effects.”


Simmons continued, explaining that “the U.S., for example, might find it hard-pressed to negotiate so-called open sky agreements with a united European Union if state-level regulators each had the power to enact their own rules on things like pricing and routes, areas that would potentially be opened up by a ruling for the plaintiffs. The only way you can get to a controlled system of regulation is if the nation speaks with one voice.”


The case is In re: Air Cargo Shipping Services Antitrust Litigation, case number 11-5464, in the US Court of Appeals for the Second Circuit. Simmons is a member of O’Melveny’s Antitrust and Competition Practice and resides in the Firm’s Washington, DC office.