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1
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HERBERT HOVENKAMP IN SUPPORT OF PLAINTIFFS MOTION FOR RECONSIDERATION COURT ORDER
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EXTRACTED KEY WORDS
LAW ANTITRUST LAW SUPPLEMENT PREDATORY AIRCRAFT AIRLINE FOOTNOTE DEPRECIATION CAPACITY PREDATORY PRICING UNITED STATES DECLARATION MOTION REVIEW ROUTE PLANES INVESTMENT OPPORTUNITY COSTS PRICE HERBERT HOVENKAMP GRANTING DEFENDANTS HUB MEMORANDUM FIRST TIME OBSOLESCENCE MAGISTRATE JUDGE HUMPHREYS PURPOSE AIRPLANE |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
)
UNITED STATES OF AMERICA, ))
Plaintiff, )) Civil Action No. 99-1180-JTM
v. ))
AMR CORPORATION, )
AMERICAN AIRLINES, INC, and )
AMERICAN EAGLE HOLDING )
CORPORATION, ))
Defendants. )
____________________________________)
DECLARATION OF HERBERT HOVENKAMP IN SUPPORT
OF PLAINTIFF'S MOTION FOR RECONSIDERATION
OF THE COURT'S SEPTEMBER 28, 2000, ORDER
GRANTING DEFENDANTS' MOTION TO REVIEW
I, Herbert Hovenkamp, hereby declare the following to be true and correct, based on my
personal knowledge, unless otherwise indicated:
1. I am the Ben V. & Dorothy Willie Distinguished Professor of Law at the
University of Iowa, College of Law, and have held that position since 1987. I am co-author, with
the late P. Areeda and the late D. Turner, of ANTITRUST LAW: An Analysis of Antitrust
Principles and Their Application and its annual supplements (referenced in the Court's
September 28 Order as " Antitrust Law").
2. In my capacity as a litigative consultant for the United States Department of
Justice, I wrote a letter to Joel Klein dated October 2, 1998. In that letter, I expressed my view
that when considering an allegation of predation by a dominant air passenger carrier in response
to new entry at its hub, the definition of average variable cost "must take into account all costs
that could be avoided if the airline chose not to make those flights in that hub during the alleged
predation period." That position was consistent with my long-held views on average variable
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