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VIRGIN ATLANTIC AIRWAYS v. BRITISH AIRWAYS PLC

No. 99-9402.

257 F.3d 256 (2001)

Virgin Atlantic Airways Limited, Plaintiff-Appellant, v. British Airways Plc, Defendant-Appellee.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: July 24, 2001.

Attorney(s) appearing for the Case

CHARLES E. KOOB, New York, NY (Joseph F. Wayland, David E. Vann, Jr., Ann Rappleye, Karen Cestari, Simpson Thacher & Bartlett, New York, NY, of counsel), for Plaintiff-Appellant.

JOHN L. WARDEN, New York, NY (John W. Dickey, Joseph E. Neuhaus, Christine C. Monterosso, Kevin R. Puvalowski, Sullivan & Cromwell, New York, NY; E. Marcellus Williamson, Latham & Watkins, Washington, D.C., of counsel), for Defendant-Appellee.

Before: CARDAMONE, MINER, and POOLER, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal from a grant of summary judgment requires us to examine concepts underlying antitrust law. Foremost among them is the notion that competition fosters consumer welfare. Since competition, which is the very essence of business, results in lower prices for consumers, it is a positive aspect of the marketplace. Thus, what the antitrust laws are designed to protect is competitive conduct,...

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