Monday, December 5, 2005
Antitrust & Competition Article
Below is a link to an article that appears in the Richmond Journal of Law & Technology entitled "A New Method for Regulatory Antitrust Analysis? Verizon Communications Inc. v. Trinko," by James E. Scheuermann and William D. Semins.
In Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP, 540 U.S. 398 (2004), the U.S. Supreme Court adopted a novel method for applying the antitrust laws in regulated and deregulating markets. This new method could have profound implications for participants and litigants in such markets. Because the Court did not acknowledge its departure from precedent on this matter of method, the decision adds a new layer of uncertainty to business conduct and planning by participants in these markets. This article analyzes the Court's adoption and application of this novel method in light of the other two methods of regulatory antitrust analysis previously adopted by the Court and a Federal Circuit Court of Appeals, and discusses some implications of the Court's decision for future regulatory antitrust cases.