IN RE TRAVEL AGENT COM'N ANTITRUST LITIGATION

No. 07-4464.

583 F.3d 896 (2009)

In re TRAVEL AGENT COMMISSION ANTITRUST LITIGATION. Tam Travel, Inc., et al., Plaintiffs-Appellants, v. Delta Airlines, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 2, 2009.


Attorney(s) appearing for the Case

ARGUED: Joseph M. Alioto, Jr., Thomas Paul Pier, Alioto Law Firm, San Francisco, California, for Appellants. Peter K. Huston, Latham & Watkins, San Francisco, California, James A. Reeder, Jr., Vinson & Elkins L.L.P., Houston, Texas, Lee H. Simowitz, Baker & Hostetler, Washington, D.C., for Appellees. ON BRIEF: Joseph M. Alioto, Jr., Thomas Paul Pier, Joseph Alioto, Sr., Alioto Law Firm, San Francisco, California, for Appellants. James A. Reeder, Jr., Lauren J. Harrison, Elizabeth A. Pannill, Vinson & Elkins L.L.P., Houston, Texas, for Appellees.

GRIFFIN, J., delivered the opinion of the court, in which BOGGS, J., joined. MERRITT, J. (pp. 911-16), delivered a separate dissenting opinion.


OPINION

GRIFFIN, Circuit Judge.

Plaintiff travel agencies appeal the district court's dismissal of their Amended Complaint for failure to state a claim under § 1 of the Sherman Antitrust Act. Plaintiffs allege that defendants conspired to reduce, cap, and eventually eliminate the payment of base commissions in a concerted effort to drive plaintiffs out of business in violation of 15 U.S.C. § 1. We affirm. In doing so, we hold that plaintiffs' claims...

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