Corporate & Securities Law

Nine State Attorneys General File Amicus Curiae Brief that Supports the DOJ’s Position (and Reject’s the FTC’s Position) in

By Matthew S. Wild

The attorneys general of Virginia, Alabama, Colorado, Florida, Kansas, Nebraska, Oklahoma, Utah and Washington filed an amicus curiae brief in favor of petitioner in Pacific Bell Telephone Co. v. Linkline, No. 07-512, which is pending before the Supreme Court.  This case raises the issue of whether a price squeeze claim can be maintained against a firm that does not have a duty to deal with the plaintiff.  As discussed in the Post of June 24, 2008, this case created a conflict between the Antitrust Division and FTC.  The Antitrust Division filed an amicus curiae brief supporting certiorai and urging reversal while the FTC issued a statement asserting that this case was not appropriate for certiorari and in any event, was correctly decided.  The brief (attached States Amicus Curiae Brief) filed by these nine state attorneys general supports the Antitrust Division’s position.

Full post as published by Antitrust Commentary on September 11, 2008 (boomark / email).