Case 1:15-mc CKK Document 188 Filed 09/21/17 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

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1 Case 1:15-mc CKK Document 188 Filed 09/21/17 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN RE DOMESTIC AIRLINE TRAVEL ANTITRUST LITIGATION This Document Relates To: MDL Docket No Misc. No (CKK) ALL CASES DEFENDANT SOUTHWEST AIRLINES CO. S ANSWER TO PLAINTIFFS CORRECTED CONSOLIDATED AMENDED CLASS ACTION COMPLAINT

2 Case 1:15-mc CKK Document 188 Filed 09/21/17 Page 2 of 5 Defendant Southwest Airlines Co. ( Southwest ), by and through its attorneys, submits this Answer in response to the Corrected Consolidated Amended Class Action Complaint ( CCAC ). Southwest is a vigorous and vital competitor in air transportation. Southwest sets its prices for air travel and its capacity plans independently, unilaterally, and in its own self-interest. Southwest denies that it has engaged in illegal conduct, and denies that any of the conduct alleged by Plaintiffs harmed Plaintiffs, consumers, or competition. Southwest neither reached nor attempted to reach any agreement with any Defendant or any other airline regarding prices or capacity. Decisions about when, how often, and at what price to fly on the thousands of actual or potential routes on which Southwest does operate or may in the future operate are individual business calculations Southwest makes in the interest of its shareholders and customers. Plaintiffs have represented that the CCAC is identical to the Consolidated Amended Class Action Complaint dated March 25, 2016, except for changes to paragraphs 64 and 65. In reliance upon that representation, Southwest answers the CCAC as follows: RESPONSES TO SPECIFIC ALLEGATIONS I. NATURE OF THE ACTION Southwest hereby incorporates by reference its answers to Paragraphs 1 through 63 made in its Answer to Plaintiffs Consolidated Amended Class Action Complaint on November 28, 2016, ECF No. 131 (the Answer ). 64. Southwest denies the allegations of Paragraph Southwest denies the allegations of Paragraph Southwest hereby incorporates by reference its answers to Paragraphs 66 through 156 made in its Answer. 1

3 Case 1:15-mc CKK Document 188 Filed 09/21/17 Page 3 of 5 AFFIRMATIVE DEFENSES Southwest denies any allegations not expressly admitted above and denies that Plaintiffs are entitled to any relief. Southwest further incorporates by reference all of the affirmative defenses stated in its Answer, each of which is alleged additionally to and in the alternative to the foregoing denials. By doing so, Southwest does not assume the burden of proof for any issue as to which applicable law places the burden upon Plaintiffs. Southwest reserves the right to amend this Answer to add, supplement, or modify its defenses based upon legal theories that may be or will be divulged through clarification of the CCAC, through discovery, or through further analysis of Plaintiffs allegations, contentions, and positions in this litigation. Southwest incorporates by reference any defenses applicable to it that are asserted by any other defendant to the CCAC as if fully set forth herein. JURY DEMAND Pursuant to Federal Rules of Civil Procedure, Rule 38(b), Southwest hereby demands trial by jury on all issues so triable. 2

4 Case 1:15-mc CKK Document 188 Filed 09/21/17 Page 4 of 5 WHEREFORE, Defendant Southwest respectfully requests that the this Court dismiss the Corrected Consolidated Amended Class Action Complaint with prejudice and enter judgment in favor of Southwest, together with an award of costs, expenses, attorneys fees, and such other further relief as the Court deems just and proper. September 21, 2017 Respectfully submitted, /s/ Alden L. Atkins Alden L. Atkins D.C. Bar No Thomas W. Bohnett D.C. Bar No VINSON & ELKINS L.L.P Pennsylvania Avenue, N.W. Suite 500 West Washington, DC Tel: (202) Fax: (202) aatkins@velaw.com tbohnett@velaw.com Roberta D. Liebenberg Matthew Duncan FINE, KAPLAN AND BLACK R.P.C. One South Broad Street, 23rd Floor Philadelphia, PA Telephone: (215) Facsimile: (215) rliebenberg@finekaplan.com mduncan@finekaplan.com Joseph Goldberg Vincent Ward FREEDMAN BOYD HOLLANDER GOLDBERG URIAS & WARD P.A. 20 First Plaza #700 Albuquerque, NM Telephone: (505) Facsimile: (505) JG@fbdlaw.com VJW@fbdlaw.com Counsel for Southwest Airlines Co. 3

5 Case 1:15-mc CKK Document 188 Filed 09/21/17 Page 5 of 5 CERTIFICATE OF SERVICE I hereby certify that on September 21, 2017, a copy of the foregoing Answer to the Corrected Consolidated Amended Class Action Complaint was filed electronically using the Court s CM/ECF system, which will send notification of such filing to all counsel of record. /s/ Alden L. Atkins Alden L. Atkins