Slow Death Of Section 2 Of The Sherman Act

Law360, New York (March 3, 2009, 12:00 AM EST) -- The Supreme Court’s methodical demolition of Section 2 of the Sherman Act continued unabated recently as the High Court rendered yet another decision that dismantled decades-old precedent.

The Supreme Court’s latest pronouncement on monopolization, Pacific Bell Telephone Co v. linkLine Communications Inc., virtually declared “price squeezes” to be outside the reach of Section 2 of the Sherman Act.

Moreover, given the court’s obvious deference to the competitive prerogatives of dominant firms, this decision almost certainly will have implications beyond the narrow issue of vertical price squeezes....
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