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White House urges Supreme Court to reject case over F-35 sales to South Korea
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White House urges Supreme Court to reject case over F-35 sales to South Korea
May 15, 2024 8:37 AM

May 15 (Reuters) - The Biden administration has asked

the U.S. Supreme Court not to hear an appeal by international

deals broker Blenheim Capital alleging it was cut out of a

multibillion-dollar transaction involving South Korea's purchase

of F-35 fighter jets and a satellite.

The U.S. Justice Department presented the Biden White

House's views on the case in a filing on Tuesday at the

justices' request.

Blenheim specializes in corporate and governmental deals

involving "offsets," where a buyer receives some additional

goods or services apart from the core transaction to help lower

overall costs.

Blenheim last year asked the Supreme Court to revive the

company's lawsuit alleging defense giants Lockheed Martin ( LMT )

and Airbus conspired to eliminate the company

from the South Korea deal. The Justice Department's Tuesday

filing recommended leaving the lower court ruling in place.

A lawyer for Blenheim at Boies Schiller Flexner did not

immediately respond to a request for comment.

Lockheed and Airbus, which have denied Blenheim's claims,

and a Justice Department spokesperson declined to comment or did

not immediately respond to a comment request.

Blenheim in 2021 sued South Korea, Lockheed and Airbus in

Virginia federal court, alleging violations of U.S. antitrust

law and interference with its brokerage arrangement. The company

has since dropped its antitrust claim.

The lawsuit said Blenheim stood to earn hundreds of millions

of dollars for its role in the deal with South Korea, which was

buying F-35s from Lockheed and receiving a military satellite as

an offset from Airbus. Blenheim was the "offset" broker to

Lockheed and helped to develop the deal.

The Richmond, Virginia-based 4th U.S. Circuit Court of

Appeals in 2022 upheld the dismissal of Blenheim's case. The

court said South Korea was immune because the military

transaction involved sovereign affairs that are beyond the reach

of U.S. courts.

Blenheim told the Supreme Court that an exception in federal

law for "commercial activity" should overcome South Korea's

immunity shield.

Offset transactions are commercial because they are

"executed and implemented directly between the private defense

contractor and the foreign government," Blenheim argued.

The Justice Department countered that South Korea's purchase

of fighter jets and a military satellite were interconnected and

a matter for U.S. government review and approval.

"South Korea did not act as a private player in a market

when it purchased F-35s and engaged in the connected offset

transaction," the Justice Department said in its filing.

Lockheed also asked the justices to leave the 4th Circuit

ruling in place.

The case is Blenheim Capital Holdings Ltd et al v. Lockheed

Martin Corp ( LMT ) et al, U.S. Supreme Court, No. 22-886.

For Blenheim: Hamish Hume of Boies Schiller Flexner

For Lockheed: Nicole Saharsky of Mayer Brown

For United States: Elizabeth Prelogar of the Justice

Department

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