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