U.S. POSTAL SERVICE v. POSTAL REGULATORY COMM.

No. 15-1018.

816 F.3d 883 (2016)

UNITED STATES POSTAL SERVICE, Petitioner v. POSTAL REGULATORY COMMISSION, Respondent GameFly, Inc. and Netflix, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 22, 2016.


Attorney(s) appearing for the Case

David C. Belt , Attorney, U.S. Postal Service, argued the cause and filed the briefs for petitioner. Stephan J. Boardman , Chief Counsel, entered an appearance.

Henry C. Whitaker , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Michael S. Raab , Attorney, David A. Trissell , General Counsel, Postal Regulatory Commission, Christopher J. Laver and Anne J. Siarnacki , Deputy General Counsels, and Richard A. Oliver , Attorney.

Joy M. Leong , David M. Levy , and John F. Cooney were on the brief for intervenors GameFly, Inc. and Netflix, Inc. in support of respondent. Matthew D. Field entered an appearance.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.


The Postal Service offers a host of different products for consumers and businesses. By statute, the Postal Service's products are divided into "competitive" products, which are subject to a statutory price floor, and "market-dominant" products, which are subject to a statutory...

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