UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
Form 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported) November 22, 2011 (November 21, 2011)
Travelport Limited
(Exact name of Registrant as specified in its charter)
Bermuda | 333-141714 | 98-0505100 | ||
(State or other jurisdiction of incorporation) |
(Commission File No.) | (I.R.S. Employer Identification Number) |
300 Galleria Parkway
Atlanta, GA 30339
(Address of principal executive office)
Atlanta, GA 30339
(Address of principal executive office)
Registrants telephone number, including area code (770) 563-7400
N/A
(Former name or former address if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions: |
o | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) | |
o | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) | |
o | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) | |
o | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 8.01 Other Events.
A
federal judge in Texas has dismissed all but one count of American Airlines (AA) antitrust
case against Travelport. In a sealed decision issued on November 21, 2011, the United States District
Court for the Northern District of Texas (the Court) dismissed AAs claims that: (1) Travelport
monopolizes distribution to travel agencies; (2) Travelport entered into a conspiracy with travel agencies
to monopolize distribution; (3) Travelports agreements with airlines and travel agencies unlawfully
restrain trade; and (4) Travelports actions are illegal under Texas state law.
The one claim the Court allowed to proceed for further factual analysis was the claim that
Travelport monopolizes access to Travelports current travel agency subscriber base. Monopolization
claims based on such narrowly defined markets rarely succeed, and a similar claim brought against a
competitor was recently rejected by a federal court in New York.
AA has until December 5, 2011 to amend its complaint, but is not allowed to reassert the claims
that Travelports agreements with airlines and travel agencies unlawfully restrain trade or that
Travelports actions violate Texas state law.
Travelport is pleased that the Court recognized the meritless nature of most of the claims brought
by AA and severely restricted the scope of AAs remaining claim. Travelport will continue to defend
itself vigorously against this limited claim which Travelport views as being wholly without merit.
Travelport remains confident that, after analyzing the facts, the Court will find this claim as meritless as
AAs other claims. While no assurance can be provided, Travelport does not believe the outcome of this
dispute will have a material adverse effect on its results of operations or liquidity condition.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the
registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly
authorized.
TRAVELPORT LIMITED |
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By: | /s/ Eric J. Bock | |||
Eric J. Bock | ||||
Executive Vice President, Chief Legal Officer and Chief Administrative Officer |
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Date: November 22, 2011