Monday, December 27, 2010
In an ongoing antitrust lawsuit over alleged collusion to charge first bag fees, Defendants Delta Air Lines and AirTran Airways recently filed briefs in opposition to Plaintiffs’ motion for class certification. (Delta, AirTran). Defendants argued that class certification was inappropriate because, they assert, the imposition of first bag fees led to a reduction in base fares, and that some proposed class members therefore may have benefited from the imposition of bag fees. Defendants filed four expert reports in support of their arguments. (Lee, Kasper, Schwartz, Gaier).The proposed class is defined to include, with a few exceptions, anyone who has directly paid a first bag fee to Delta or AirTran. Summary judgment motions are scheduled to be filed in March 2011.The case is In re Delta / AirTran Baggage Fee Antitrust Litigation, MDL 2089 (N.D. Ga.).