CASE COMMENT: INTERNATIONAL COMPETITION POLICY - US SUPREME COURT - COMPETITON POLICY V. REGULATION - PRICE SQUEEZE

Price Squeeze: The US Supreme Court, in a ruling which reversed a lower court following US DOJ amicus brief arguments, confirms and extends its conservative line of decisions rejecting private claims and thus limiting antitrust suits and gives further precisions on its previous rulings on the relationships between competition law and telecommunications sector regulation regarding “price squeeze” aimed at driving out competitor of the market (Pacific Bell Telephone)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – US Supreme Court, Pacific Bell Telephone Co. D/B/A AT &T California v. linkLine Communications, Inc. et al, No. 07-512, Feb. 25, 2009 The linkLine judgment of the US Supreme Court has just been handed down in a case which questioned the conditions for the application of Section 2 of the Sherman Act to exclusionary practices by means of price squeeze by a dominant telephone operator vis-à-vis competing operators needing to use its infrastructure to provide a service to individual consumers. The Supreme Court thus overturned a decision of a lower Federal Court of Appeals (the 9th Circuit Court of Appeals in California, the San Francisco Court of

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Frédérique Daudret-John, François Souty, Price Squeeze: The US Supreme Court, in a ruling which reversed a lower court following US DOJ amicus brief arguments, confirms and extends its conservative line of decisions rejecting private claims and thus limiting antitrust suits and gives further precisions on its previous rulings on the relationships between competition law and telecommunications sector regulation regarding “price squeeze” aimed at driving out competitor of the market (Pacific Bell Telephone), 25 February 2009, Concurrences N° 2-2009, Art. N° 25909, pp. 216-218

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