1984

USCA

Laker Airways v Sabena, Belgian World Airlines 731 F2ed. 909 (1984)

Laker Ltd (British corporation) was a Charter line, it alleged that British Airways, Pan American Airlines and TWA, dropped their fares causing economic problems, those acts were contrary to US Anti Trust legislation. Laker commenced proceedings in the US and asked for an injunction, which was granted and it prohibited foreign airlines from entering any court in the world to contest Laker’s right to maintain its action. British Airways appeal the injunction, the court said:

1. Both the US and UK shared concurrent prescriptive jurisdiction over transaction giving rise to the antitrust claims, Jurisdiction by the US is bound by reason imposed by international law. 2. Principles of comity and IL does not prohibited the US injunction, concurrent jurisdiction authorised defensive preliminary injunction. Therefore the decision of the US judge was affirmed