NO. _____ In the Supreme Court of the United States ________________ SPIRIT AIRLINES, INC.; ALLEGIANT AIR, LLC; and SOUTHWEST AIRLINES CO., Petitioners, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, Respondent. ________________ On Petition for a Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit ________________ PETITION FOR WRIT OF CERTIORARI ________________ PAUL D. CLEMENT JOANNE W. YOUNG Counsel of Record DAVID M. KIRSTEIN JEFFREY M. HARRIS KIRSTEIN & YOUNG, PLLC BANCROFT PLLC 1750 K Street, NW, Ste. 200 1919 M Street, NW, Ste. 470 Washington, DC 20006 Washington, DC 20036 (202) 331-3348
[email protected] (202) 234-0090 Counsel for Spirit Airlines & Allegiant Air Counsel for Petitioners M. ROY GOLDBERG ROBERT W. KNEISLEY SHEPPARD MULLIN ASSOCIATE GENERAL COUNSEL RICHARD & HAMPTON SOUTHWEST AIRLINES, CO. 1300 I Street, NW 1901 L Street, NW, Ste. 640 11th Floor East Washington, DC 20036 Washington, DC 20005 (202) 263-6284 (202) 218-0007 Counsel for Southwest Airlines QUESTIONS PRESENTED In 1978, Congress passed a major initiative to deregulate the airline industry and allow the marketplace, not regulators, to determine the fares, routes, and services offered in this critical industry. Until recently, carriers were free to advertise prices in that marketplace in the same manner as virtually every other industry—on a pre-tax basis—as long as additional taxes and fees were clearly disclosed. Petitioners were quite happy not just to disclose, but to emphasize the extent to which government fees and taxes outside their control contributed to the consumer’s final cost. They also sought to emphasize that the pre-tax fares within their control were lower than their competitors.