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Scott Martin, Apr 15, 2009
Though antitrust cases have appeared with surprising frequency on the U.S. Supreme Court’s docket in recent years, certain issues of real interest to practitioners and especially businesspersons continue to elude scrutiny. (Bundling, anyone?) However, the Court’s February 25, 2009 decision in linkLine —a purported “price squeeze” action, the lone antitrust matter on the Court’s current docket, and its tenth consecutive ruling in favor of a private antitrust defendant over the past five years—can afford little comfort to plaintiffs pursuing claims under Section 2 of the Sherman Act.
