The Airline Deregulation Act of 1978 ("ADA")

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12-462 NORTHWEST, INC. V. GINSBERG DECISION BELOW: 695 F.3d 873 LOWER COURT CASE NUMBER: 09-56986 QUESTION PRESENTED: The Airline Deregulation Act of 1978 ("ADA") includes a preemption provision providing that States "may not enact or enforce a law, regulation or other provision having the force and effect of law related to a price, route, or service of an air carrier." 49 U.S.C. § 41713(b). Respondent was a participant in Northwest Airlines' frequent flyer program, which by its terms permitted Northwest to remove participants from the program in Northwest's "sole judgment." After respondent was removed from the frequent flyer program, he filed suit against Northwest alleging, inter alia, that Northwest breached both its contractual obligations and an implied covenant of good faith and fair dealing under Minnesota law when it exercised its discretion to terminate respondent's membership in the program. Although the district court dismissed the contract claim for failure to state a claim and the implied covenant of good faith claim as preempted by the ADA, the Ninth Circuit reversed as to the implied covenant claim, finding such claims categorically unrelated to a price, route or service under a line of Ninth Circuit cases that have been recognized by other Circuits as inconsistent with this Court's precedents, especially American Airlines, Inc. v. Wolens, 513 U.S. 219 (1995). The question presented is: Did the court of appeals err by holding, in conflict with the decisions of other Circuits, that respondent's implied covenant of good faith and fair dealing claim was not preempted under the ADA because such claims are categorically unrelated to a price, route, or service, notwithstanding that respondent's claim arises out of a frequent flyer program (the precise context of Wolens) and manifestly enlarged the terms of the parties' voluntary undertakings, which allowed termination in Northwest's sole discretion. CERT. GRANTED 5/20/2013.

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The Effects of Airline Deregulation: a Comparative Analysis*
Dong-Ho Kim/ East Asian Journal of Business Management 6-3 (2016) 5-10 5 Print ISSN: 2234-3040 / Online ISSN: 2234-3059 doi: 10.13106/eajbm.2016.vol6.no3.5 [Editorial Review] The Effects of Airline Deregulation: A Comparative Analysis* Dongho Kim1 Received: June 2, 2016. Revised: July 1, 2016. Accepted: July 15, 2016 Abstract Purpose - The purpose of this study is to explore and examine the effects of airline deregulation in the United States and South Korea as a comparative analysis. The study focuses on identifying the purposes of airline deregulation and analyzing its benefits and consequences. Research Design, Data, and Methodology - This is a case study, a comparative method, which analyzes and meas- ures the benefits and disadvantages of airline deregulation in both the United States and South Korea. Results - Airline deregulation removed unnecessary and ineffective government controls, resulting in more efficient air- line industries in both countries. However, the negative consequences are much greater than the benefits of airline dere- gulation. Conclusion - The purpose of airline deregulation was to foster an efficient and effective environment in airline industry, and clear evidence of the positive intended effects of airline deregulation e.g., increasing domestic competition, decreas- ing airfare, increasing productivity, and removing unnecessary government regulations in the beginning of airline deregu- lation. However, the current state of airline industry in both countries depicts only the consequences of airline deregula- tion. Keywords: Airline Deregulation, Korea Airline Industry, U.S. Airline Industry. JEL Classifications: K2, L5, L9. 1. Introduction1 United States experienced fierce competition, mergers and acquisitions, financial losses and bankruptcies, and union Many scholars and practitioners suggest that airline de- issues and disputes until 2008.
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