Issue 26: June 21, 2023

Litigation

On May 30, plaintiff, a purchaser of a Delta flight, filed a putative class action against Delta in the Central District of California on behalf of herself and other consumers. The crux of plaintiff's complaint concerns Delta's statement that it is "the world's first carbon-neutral airline." According to the lawsuit, Delta's representation that it is carbon-neutral is false and misleading because it hinges on Delta's participation in the voluntary carbon offset market. The case is Mayanna Berrin v. Delta Airlines Inc., No. 2:23-cv-04150 (C.D. Cal. May 30, 2023).

Regulation

The European Commission has issued the final version of the Horizontal Guidelines, which includes new antitrust guidance on sustainability collaborations among competitors. While sustainability agreements are not de facto exempted from the antitrust laws, the Guidelines creates safe harbors for agreements regarding sustainability standards, internal corporate conduct, databases