Baggage Fee Lawsuit Against Delta,AirTran Will Fly

By Jim Burress

Atlanta, GA – The lawsuit claims AirTran conspired with Delta during a 2008 earnings call. That's when AirTran CEO Bob Fornaro said if Delta initiated a checked baggage fee, AirTran would too.

This week, a federal judge ruled there is enough evidence that Fornaro's statement could represent collusion; however, the judge dismissed another part of the lawsuit that alleged the two carriers tried to create a monopoly.

"We are very pleased that court dismissed the attempted monopoly claim," said AirTran spokesman Christopher White. "We're confident we will prevail on the first claim."

Meanwhile, a Delta spokeswoman points out the court acknowledged Delta may have a valid defense. Baggage fees were already in place at Northwest Airlines when the two carriers merged.

The lawsuit seeks to recover hundreds of millions of dollars passengers have paid to check their luggage.

Jim Burress, WABE News.

(Full statement from Delta Airlines spokeswoman Susan Elliott:
"We will not comment on the litigation other than to say it is notable that the decision recognizes that the harmonization of Delta and Northwest policies, as a result of the merger, would be a valid business justification for Delta's actions in adjusting its baggage fees.")