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Jonathan Jacobson, Valentina Rucker, Jan 07, 2008
Although the U.S. Supreme Court’s decision in Verizon Communications, Inc. v. Law Offices of Curtis V. Trinko circumscribed a plaintiff’s ability to set forth a claim against a monopolist for a refusal to deal, the case left many unanswered questions with regard to the appropriate standards to apply in unilateral conduct cases. One uncertainty created by the Trinko decision is whether a plaintiff can still set forth a viable claim for a “price squeeze” in a regulated industry. The Ninth Circuit’s decision in LinkLine Communications, Inc. v. SBC California creates a split in circuit court decisions on price squeeze claims post-Trinko.
