Bag Fee Case Highlights Antitrust Risk of Public Statements



David Hanselman, Stefan Meisner and Lisa Peterson wrote this bylined article on In re Delta/AirTran Baggage Fee Antitrust Litig., showing how antitrust class action plaintiffs allege that public company earnings calls create price-fixing arrangements. The defendants prevailed in this case but the authors warned that public company executives “should avoid making statements in earnings calls or other public communications that could be construed as an invitation to their competitors to collude on price, output or other conditions of competition.”