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SCOTUS Seeks Gov’s Views In Antitrust Case

 |  December 8, 2020

The Supreme Court issued orders on Monday, December 7, from the justices’ private conference on December 4 asking for input in a recent antitrust case, reported SCOTUS blog.

The justices called for the views of the US solicitor general in Comcast v. Viamedia, an antitrust dispute in which Viamedia alleges that Comcast monopolizes the market for the placement of TV advertisements. 

There is no due date for the government’s brief, which normally would not be filed until sometime next year, after the change in administrations. Justice Amy Coney Barrett, the court’s newest justice, recused herself from the case, presumably because she participated in the case while still a judge on the US Court of Appeals for the 7th Circuit.

The case centers on whether the US Court of Appeals for the 7th Circuit erred in holding that a refusal-to-deal claim under Section 2 of the Sherman Act may proceed despite the presence of valid business justifications for the refusal, in direct conflict with Verizon Communications Inc. v. Law Offices of Curtis V. Trinko and decisions of the US Courts of Appeals for the 2nd, 9th, 10th, and 11th Circuits.

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