American Airlines Inc v. Travelport Limited et al

Filing 97

MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by Sabre Holdings Corporation, Sabre Inc, Sabre Travel International Ltd (Scott, Donald)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
American Airlines, Inc.,
Plaintiff,
v.
Travelport Ltd., Travelport L.P. d/b/a
Travelport,

Case No. 4:11-cv-00244-Y

Orbitz Worldwide, LLC d/b/a Orbitz,

Oral Argument Requested

and
Sabre Inc., Sabre Holdings Corp., Sabre Travel
Int’l Ltd. d/b/a Sabre Travel Network,
Defendants.

Sabre’s Motion to Dismiss Pursuant to Rule 12(b)(6)

Pursuant to Federal Rule of Civil Procedure 12(b)(6), Defendants Sabre Inc., Sabre
Holdings Corp. and Sabre Travel Int’l Ltd. d/b/a Sabre Travel Network (collectively, “Sabre”)
respectfully move the Court for an order dismissing Plaintiff American Airlines, Inc.’s (“AA’s”)
Amended Complaint. (Doc. 70 (filed under seal).) The grounds for this motion to dismiss are as
follows:
1.

AA has filed suit against Sabre alleging violations of the Sherman Act, 15 U.S.C.

§§ 1-2, and tortious interference with contractual relations. (Doc. 70.)

2.

Dismissal of AA’s antitrust claims is warranted because, inter alia, (1) AA’s

“Sabre-Only” market definition is implausible; (2) AA has failed to allege exclusionary conduct;
and (3) AA has failed to allege adequate foreclosure or anticompetitive effect.
3.

Furthermore, dismissal of AA’s tortious interference claim is warranted because it

is preempted by a federal statute, specifically the Airline Deregulation Act, 49 U.S.C. §
41713(b)(1). Even if the claim were not preempted, it should still be dismissed (a) for the same
reasons that AA’s antitrust claims should be dismissed and (b) for failure to adequately allege the
elements of the claim, including the identification of any contract with which Sabre has
tortiously interfered.
4.

Accordingly, Sabre respectfully requests that AA’s Complaint be dismissed with

prejudice in its entirety.
5.

This Motion is based upon the accompanying Memorandum in Support of Sabre’s

Motion to Dismiss Pursuant to Rule 12(b)(6), which has been filed under seal.1

1

Pursuant to this Court’s order of June 9, 2011 (Doc. 69), Sabre certifies that after
consultation with counsel of record, all parties are unopposed to Sabre’s Memorandum in
Support of its Motion to Dismiss and related appendix being filed under seal.
2

DATED: July 13, 2011

Respectfully submitted,
/s/ Donald E. Scott
Donald E. Scott
Colorado Bar No. 21219, Illinois Bar No. 2531321
([e-mail])
Karma M. Giulianelli
Colorado Bar No. 30919, California Bar No. 184175
([e-mail])
Sean C. Grimsley
Colorado Bar No. 36422, California Bar No. 216741
([e-mail])
Sundeep K. (Rob) Addy
Colorado Bar No. 38754
([e-mail])
BARTLIT BECK HERMAN PALENCHAR & SCOTT LLP
1899 Wynkoop Street, 8th Floor
Denver, Colorado 80202
Phone: [phone]
Facsimile: [phone]
Chris Lind
Illinois Bar No. 6225464, Colorado Bar No 27719
([e-mail])
Andrew K. Polovin
Illinois Bar No. 6275707
([e-mail])
Katherine M. Swift
Illinois Bar No. 6290878
([e-mail])
BARTLIT BECK HERMAN PALENCHAR & SCOTT LLP
54 West Hubbard Street, Suite 300
Chicago, IL 60610
Phone: [phone]
Facsimile: [phone]
Ralph H. Duggins
Texas Bar No. 06183700
([e-mail])
Scott A. Fredricks
Texas Bar No. 24012657
([e-mail])
Philip A. Vickers
Texas Bar No. 24051699
([e-mail])
CANTEY HANGER LLP
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Cantey Hanger Plaza
600 West 6th Street, Suite 300
Fort Worth, TX 76102-3685
Phone: [phone]
Facsimile: [phone]
George S. Cary
([e-mail])
Steven J. Kaiser
([e-mail])
CLEARY GOTTLIEB STEEN & HAMILTON LLP
2000 Pennsylvania Ave., N.W.
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]

Attorneys for Sabre Inc., Sabre Holdings Corporation,
and Sabre Travel Int’l Ltd. d/b/a Sabre Travel Network

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CERTIFICATE OF SERVICE
I hereby certify that all counsel of record who are deemed to have consented to electronic
service are being served with a copy of the foregoing document via the Court’s CM/ECF system
pursuant to the Court’s Local Rule 5.1(d) on July 13, 2011.
/s/ Donald E. Scott
1899 Wynkoop Street, 8th Floor
Denver, Colorado 80202
Phone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Defendants Sabre Inc., Sabre Holdings
Corp, and Sabre Travel Int’l Ltd. d/b/a Sabre
Travel Network

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