The US Supreme Court introduces a new method for regulatory antitrust analysis (Trinko / Verizon)

A New Method for Regulatory Antitrust Analysis? Verizon Communications v. Trinko* In Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP, 540 U.S. 398 (2004), the United States Supreme Court adopted a novel method for applying the antitrust laws in regulated markets and thereby added a new layer of uncertainty to business conduct and antitrust counseling. Before Trinko, the typical line of inquiry in a regulatory antitrust case asked: what area of voluntary, unregulated competition, if any, exists notwithstanding the regulatory scheme, and has the defendant allegedly or actually committed an antitrust violation in that nonregulated, competitive market? See, e.g., Otter Tail Power Co. v. United States, 410 U.S. 366, 374 (1973). The question assumes that with respect

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James E. Scheuermann, William D. Semins, The US Supreme Court introduces a new method for regulatory antitrust analysis (Trinko / Verizon), 13 January 2004, e-Competitions January 2004, Art. N° 43984

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