In re Transpacific Passenger Air Transportation Antitrust Litigation

MEMORANDUM AND ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT

CHARLES R. BREYER, UNITED STATES DISTRICT JUDGE

The five remaining Defendants in this antitrust suit — Air New Zealand, All *946Nippon Airways (“ANA”), China Airlines, EVA Air, and Philippine Airlines — move for summary judgment on the basis of the filed rate doctrine, a defense to private antitrust suits, which provides that “to the extent Congress has given [an agency] authority to set rates ... and [the agency] has exercised that authority, such rates are just and reasonable as a matter of law and cannot be…