Justia Antitrust & Trade Regulation Opinion SummariesArticles Posted in U.S. D.C. Circuit Court of Appeals
Spirit Airlines, Inc. v. U.S. Dep’t of Transp.
Pursuant to its authority to regulate "unfair and deceptive" practices in the airline industry, the Department of Transportation issued a final rule entitled "Enhancing Airline Passenger Protections." Spirit Airlines and others challenged three of the rule's provisions. The D.C. Circuit Court of Appeals denied the petitions for review, holding (1) the requirement that the most prominent figure displayed on print advertisements and websites be the total price, inclusive of taxes, was not arbitrary and capricious or a violation of the First Amendment; (2) the requirement that airlines allow consumers who purchase their tickets more than a week in advance the option of canceling their reservations without penalty for twenty-four hours following purchase was not arbitrary and capricious; and (3) the prohibition against increasing the price of air transportation and baggage fees after consumers purchase their tickets was not procedurally unlawful or otherwise arbitrary and capricious. View "Spirit Airlines, Inc. v. U.S. Dep't of Transp. " on Justia Law
Federal Trade Comm’n v. Church & Dwight Co., Inc.
Church & Dwight, the leading manufacturer of condoms in the United States, appealed an order of the district court enforcing a subpoena and an accompanying civil investigation demand (CID), issued by the FTC insofar as the FTC would require it to produce information related to its sales of products other than condoms. Church & Dwight contended that such information was not reasonably relevant to the FTC's investigation into its potentially monopolistic practices in the market for condoms. Because the FTC's inquiry lawfully extended to the possibility that Church & Dwight engaged in the exclusionary bundling of rebates to retailers that sold condoms and other Church & Dwight products, the court held that the district court did not err in finding that the information on products other than condoms was reasonably relevant to the FTC's investigation. Accordingly, the court affirmed the order enforcing the subpoena and the CID against Church & Dwight. View "Federal Trade Comm'n v. Church & Dwight Co., Inc." on Justia Law