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U.S. POSTAL SERVICE v. POSTAL REGULATORY COM'N

No. 15-1338.

842 F.3d 1271 (2016)

UNITED STATES POSTAL SERVICE, Petitioner v. POSTAL REGULATORY COMMISSION, Respondent. Gamefly, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 6, 2016.

Attorney(s) appearing for the Case

David C. Belt , Attorney, U.S. Postal Service, argued the cause 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, and Christopher J. Laver , and Anne J. Siarnacki , Deputy General Counsels.

Before: ROGERS and GRIFFITH, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Under the Postal Accountability and Enhancement Act, Pub. L. No. 109-435, 120 Stat. 3198 (2006), the rates charged by the United States Postal Service for its products are determined primarily according to their classification as either "market-dominant" or "competitive." Subject to conditions, a product is competitive unless "the Postal Service...

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