The Legacy of Continental Airlines v. American Airlines: A Re-Evaluation of Predatory Pricing Theory in the Airline Industry, 60 J. Air L. & Com. 869 (1995)


The need to reexamine the judicial rules addressing predatory pricing was of particular import with respect to the airline industry after the outcome of a case pitting Continental and Northwest Airlines against American Airlines, in which the jury dismissed the charges against American.  Using this outcome as a benchmark, the author concludes that predatory pricing suits appear only to impose great burdens on the parties involved, rather than reaching to a result that is more responsive to the claims.  This comment includes:

  • Definition & explanation of predatory pricing
  • Analysis of Continental Airlines, Inc. v. American Airlines, Inc.
  • Effects of Continental Airlines, Inc. v. American Airlines, Inc.
  • Alternatives to the present situation

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