Delta Airlines 2003 Annual Report Download - page 33

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(2) on which we have over a 50% market share; (3) that are longer than 150 miles; and (4) that have total annual traffic of over 30,000 passengers.
In the second case, the plaintiffs assert similar allegations and claims under Sections 1 and 2 of the Sherman Act with respect to U.S. Airways' pricing
practices at its Pittsburgh and Charlotte hubs ("U.S. Airways Hubs"). The complaint asserts, among other things, that we, the other defendants and certain
other airlines conspired with U.S. Airways to restrain competition and assist U.S. Airways in fixing and maintaining prices for air passenger service to and
from the U.S. Airways Hubs.
In both cases, plaintiffs have requested a jury trial, and are seeking in their complaints injunctive relief; costs and attorneys' fees; and unspecified damages,
to be trebled under the antitrust laws. In May 2002, the District Court granted the plaintiffs' motion for class action certification and denied the airlines'
motions for summary judgment. The U.S. Court of Appeals for the Sixth Circuit refused to hear the airlines' interlocutory appeal of the District Court's order
granting class action certification. The trial for this lawsuit has not yet been scheduled.
Hall, et al. v. United Airlines, et al. In January 2002, a travel agent in North Carolina filed a class action lawsuit against numerous airlines, including us, in
the U.S. District Court for the Eastern District of North Carolina on behalf of all travel agents in the United States which sold tickets from September 1, 1997
to the present on any of the defendant airlines. The lawsuit alleges that we and the other airline defendants conspired to fix travel agent commissions in
violation of Section 1 of the Sherman Act. The plaintiff, who has requested a jury trial, is seeking in its complaint injunctive relief; costs and attorneys' fees;
and unspecified damages, to be trebled under the antitrust laws.
In September 2002, the District Court granted the plaintiff's motion for class action certification, certifying a class consisting of all travel agents in the
United States, Puerto Rico and the U.S. Virgin Islands which sold tickets on the defendant airlines between 1997 and 2002.
On October 30, 2003, the District Court granted summary judgment against the plaintiff class, dismissing all claims asserted against us and most other
defendants. Plaintiffs appealed to the U.S. Court of Appeals for the Fourth Circuit. Similar litigation alleging violations under Canadian competition law is
pending against us and other airlines in Canada.
All Direct Travel, Inc., et al. v. Delta Air Lines, et al. Two travel agencies have filed a purported class action lawsuit against us in the U.S. District Court
for the Central District of California on behalf of all travel agencies from which we have demanded payment for breach of the agencies' contractual and
fiduciary duties to us in connection with Delta ticket sale transactions during the period from September 20, 1997 to the present. The lawsuit alleges that our
conduct (1) violates the Racketeer Influenced and Corrupt Organizations Act of 1970; and (2) creates liability for unjust enrichment. The plaintiffs, who have
requested a jury trial, are seeking in their complaint injunctive and declaratory relief; costs and attorneys' fees; and unspecified treble damages.
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