Donald Wortman v. All Nippon Airways

Partial Concurrence and Partial Dissent by Judge Wallace

OPINION

M. SMITH, Circuit Judge:

Defendants-Appellants All Nippon Airways (ANA), China Airlines, and EVA Airways (collectively, Defendants) challenge the district court’s holding that the filed rate doctrine does not preclude Plaintiffs-Appellees’ putative class action suit for antitrust damages based on allegations of collusion and price fixing. We have not previously addressed the application of the filed rate doctrine to airline fares and fees. For the reasons set forth in this opinion, we hold that, based on the record in this case,…