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UNITED PARCEL SERVICE v. POSTAL REGULATORY COMM'N

No. 16-1354 Consolidated with 16-1419.

890 F.3d 1053 (2018)

UNITED PARCEL SERVICE, INC., Petitioner v. POSTAL REGULATORY COMMISSION, Respondent Valpak Franchise Association, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 22, 2018.

Attorney(s) appearing for the Case

Jeffrey A. Lamken , New York, NY, argued the cause for petitioner. With him on the briefs were James A. Barta , Steig D. Olson , and Sara E. Margolis , New York, NY.

Bryan N. Tramont and Craig E. Gilmore , Washington, DC, were on the brief for amicus curiae J. Gregory Sidak in support of petitioner.

Michael Shih , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Michael S. Raab , Attorney, David A. Trissell , General Counsel, Postal Regulatory Commission, and Christopher J. Laver , Deputy General Counsel.

Morgan E. Rehrig and Eric P. Koetting , Attorneys, U.S. Postal Service, Peter De-Chiara , New York, NY, David M. Levy , John F. Cooney , and James Pierce Myers were on the brief for intervenors in support of respondent.

Before: Tatel, Srinivasan, and Pillard, Circuit Judges.

The U.S. Postal Service holds congressionally authorized monopoly power over the market for some of its products, like first-class mail delivery, but for other products, like parcel post, it competes with private companies. To promote fair competition, Congress tasked the Postal Regulatory

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