I found it quite interesting last week when a number of parties showed up in a Tarrant County courthouse to defend their motions to seal the documents from the recent American Airlines v. Sabre litigation. It’s not the process I found so interesting as motions to seal documents are not all that uncommon. What I found most interesting was that certain companies that filed motions to seal documents are the very same companies clamoring for more transparency and visibility when it comes to the airline industry. Oh, how important transparency is! But not here! Not this time! No way, no how!
In reading a few of the actual motions filed (they are public), the general theme was that trade secrets were at stake for the companies that submitted documents. They could not have confidential information revealed as it may cause a competitive disadvantage for them. I actually agree with that premise, but only if the information being protected is… well let’s just say… on the up-and-up. I definitely do not think we should be protecting things like the secret biasing of airline content to travel agencies and consumers, or participating in an illegal boycott, or threatening customers into not using a competitive product… you know, Sherman Act kind of stuff. We should know all about things like that. You would think that if consumers were negatively impacted, and they were, some of those consumer groups would be demanding to know what went on. Nope. Surely trade secret information could have been kept confidential while the rest of the furtive information was disclosed? But, alas, that’s not that case.
This whole episode has led me to coin a new phrase: Transpocrisy [trans-pok-ruh-see] – the false claim to or pretense of having admirable principles, beliefs, or feelings as relates to transparency, especially in airline distribution.
Just rolls off the tongue, doesn’t it? Transpocrisy…