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GAMEFLY, INC. v. POSTAL REGULATORY COM'N

No. 11-1179.

704 F.3d 145 (2013)

GAMEFLY, INC., Petitioner, v. POSTAL REGULATORY COMMISSION, Respondent, United States Postal Service, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 11, 2013.

Attorney(s) appearing for the Case

David M. Levy argued the cause for petitioner. With him on the briefs was Matthew D. Field .

Jeffrey Clair , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Tony West , Assistant Attorney General, Michael S. Raab , Attorney, and Stephen L. Sharfman , General Counsel, Postal Regulatory Commission, R. Brian Corcoran , Deputy General Counsel, and Richard A. Oliver , Attorney. Sarang V. Damle , Attorney, U.S. Department of Justice, entered an appearance.

Michael J. Elston , Chief Counsel, and Morgan E. Rehrig , Attorney, U.S. Postal Service, were on the brief for intervenor United States Postal Service.

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

GameFly, Inc. ("GameFly") and Netflix, Inc. ("Netflix") use the United States Postal Service (the "Postal Service") to mail DVDs to their customers. GameFly filed a complaint under 39 U.S.C. § 3662(a) with the Postal Regulatory Commission (the "Commission") accusing the Postal Service of providing preferential rates and terms of service to Netflix in violation of 39 U.S.C. § 403(c). The Commission issued an order finding that the Postal...

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