Petitioner, V
No. 18-___ IN THE Supreme Court of the United States ———— UNITED PARCEL SERVICE, INC., Petitioner, v. POSTAL REGULATORY COMMISSION, Respondent, VALPAK FRANCHISE ASSOCIATION, et al., Intervenors. ———— On Petition for a Writ Of Certiorari to the United States Court Of Appeals for the District of Columbia Circuit ———— PETITION FOR A WRIT OF CERTIORARI ———— KATHLEEN M. SULLIVAN Counsel of Record STEIG D. OLSON DAVID M. COOPER QUINN EMANUEL URQUHART & SULLIVAN, LLP 51 Madison Ave., 22nd Floor New York, NY 10010 (212) 849-7000 kathleensullivan@ quinnemanuel.com Counsel for Petitioner December 26, 2018 WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20002 QUESTIONS PRESENTED In the Postal Accountability and Enhancement Act of 2006, Congress enacted safeguards to ensure that the U.S. Postal Service cannot extend its monopoly over letter mail so as to obtain an unfair competitive advantage in package delivery, a market in which it competes with private companies. See 39 U.S.C. § 3633. The Postal Regulatory Commission’s regula- tions governing rates thus must “(1) prohibit the subsidization of competitive products by market- dominant products; (2) ensure that each competitive product covers its costs attributable; and (3) ensure that all competitive products collectively cover what the Commission determines to be an appropriate share of the institutional costs of the Postal Service.” Id. And “costs attributable” are defined as “the direct and indirect postal costs attributable to such product through reliably identified causal relationships.” Id. § 3631(b). In this case, the D.C. Circuit, applying Chevron, deferred to the Commission’s unexplained interpreta- tion of “institutional costs” as only a residual category and of “reliably identified causal relationships” as minimum costs.
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