U.S. v. AMR CORP.

No. 01-3202.

335 F.3d 1109 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. AMR CORPORATION; American Airlines, Inc.; AMR Eagle Holding Corporation, Defendants-Appellees, Vanguard Airlines, Inc., Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

July 3, 2003.


Attorney(s) appearing for the Case

John P. Fonte, Attorney (R. Hewitt Pate, Deputy Assistant Attorney General, Donna Kooperstein, Renata B. Hesse, Robert D. Young, J. Richard Doidge, Nina B. Hale, Rebekah J. French, Karl D. Knutsen, Jennifer L. Cihon, Max R. Huffman, Mark J. Niefer, Catherine G. O'Sullivan, Robert B. Nicholson, David Seidman, Roger W. Fones, Craig W. Conrath, Attorneys, with him on the briefs), United States Department of Justice, Antitrust Division, Washington, DC, for the Plaintiff-Appellant.

Robert E. Cooper of Gibson, Dunn & Crutcher, LLP, (Mark E. Weber and Rodney J. Stone of Gibson, Dunn & Crutcher, LLP, Los Angeles, CA; Helene D. Jaffe and Debra J. Pearlstein of Weil, Gotshal & Manges, LLP, New York, NY; Stephen E. Robison of Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS; William R. Sampson of Shook, Hardy & Bacon, LLP, Overland Park, KS, with him on the brief) for the Defendants-Appellees.

Robert Rowen and Rebecca Brock of Vanguard Airlines, Inc., Kansas City, MO, and Sarah A. Brown of Parkinson, Foth, Orrick & Brown, L.L.P., Lenexa, KS, filed a brief for the Amicus Curiae.

Before LUCERO, PORFILIO, and MURPHY, Circuit Judges.


LUCERO, Circuit Judge.

This case involves the nature of permissible competitive practices in the airline industry under the antitrust laws of this country, centered around the hub-and-spoke system of American Airlines. The United States brought this suit against AMR Corporation, American Airlines, Inc., and American Eagle Holding Corporation ("American"), alleging monopolization and attempted monopolization through predatory pricing in violation of § 2 of the...

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