secure .gov websites use https a lock (locka locked padlock) or https:// means you’ve safely connected to the .gov website. northwest and continental are two of the ten largest airlines in the world, and two of the five largest in the united states. in its defense, northwest will tell the court that this evidence of competition between northwest and continental is for the most part irrelevant. at the same time, northwest and continental also agreed to enter a marketing alliance, where the two airlines codeshare, engage in joint marketing activities, and coordinate other aspects of their service. under one such proposal, northwest would purchase the controlling block of continental stock subject to a requirement that it divest that stock over an appropriate negotiated time frame. thus, “the court should remember that the mandate of the congress is in terms of the probability of a lessening of substantial competition, not in terms of tangible present restraint.” 1986) (“all that is necessary is that the merger create an appreciable danger of [higher prices] in the future. thus, if the price of the detroit-houston flight rises, passengers generally, and business passengers in particular, would not take a trip from detroit to los angeles instead. in seven of them, northwest and continental are the only providers of daily nonstop service, the distinct service preference for business travelers.
by refusing to match, northwest and continental have, at differing times in the past, each prevented price increases that the rest of the industry has tried to impose. the history of the airline industry is filled with failed attempts by new carriers to challenge established network carriers such as northwest and continental. at best, northwest has created a temporary delay in the inevitable anticompetitive effects of its acquisition. the efficiencies defense is subject to a “very rigorous standard;” and the burden of meeting that exacting standard falls squarely on the defendant. northwest bears a particularly heavy burden in proving its efficiencies are transaction- specific in the situation presented here. northwest is not claiming that any efficiencies flow directly from the transaction challenged by the government its acquisition of the controlling interest in continental. accordingly, the court should order northwest to divest its controlling block of continental stock. because neither northwest nor continental’s hubs are located in the same airport with another major airline’s hub, no major airline is likely to add any new flights between northwest and continental’s hubs. at 1426, 1429. in community publishers, the court considered an antitrust challenge to the acquisition of a local newspaper by a larger competitor, which was owned by the same family that owned other competing newspapers.
below are two versions of a well-analyzed defendants’ brief written by a fourth-semester student at the cuny school of law. the version on the left represents checklist for drafting a trial brief i. introduction (or preliminary statement) ii. statement of facts iii. question presented (or, alternatively, summary of the argument section of the trial brief is the most important section. this is where you analyze the law that supports your client’s position, trial brief word template, trial brief word template, sample trial brief law school, trial brief pdf, sample trial brief california.
plaintiff’s trial brief trial counsel for pro se plaintiff the evidence presented at trial will demonstrate that the defendants were deliberately trial brief of the united states. case(s):. u.s. v. northwest airlines corp. and continental airlines, inc. date: tuesday, . it is always recommended that you consult with an attorney for legal advice. page 2. this is a sample trial brief to be used as illustration, plaintiff trial brief example, trial brief introduction example, how to write a trial brief, what is a trial brief.
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