Corporate & Securities Law

Solicitor General Recommends the Court Grant Cert in an Antitrust Case

By David Fischer

SCOTUSblog reports that the Solicitor General recommends that the Court grant certiorari in the antitrust case Pacific Bell Telephone Co., dba AT&T California v. linkLine Communications.  It reports:

The petition, filed in response to a Ninth Circuit ruling last September, involves whether a company that has no duty under antitrust law to sell to others at wholesale can be held liable for the narrow difference between its wholesale and retail price levels. In its brief, the Solicitor General states that Section 2 of the Sherman Antitrust Act does not permit the type of ?price-squeeze? claim at issue in the case, and that the ruling below is contrary to the Court?s 2004 opinion in Verizon Communications v. Trinko.

SCOTUSblog has also posted the brief on its website.

Full post as published by Antitrust Review on May 23, 2008 (boomark / email).