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Telecom antitrust suit can't proceed-top US court
Breaking Legal News | 2007/05/21 09:29

The U.S. Supreme Court ruled on Monday that an antitrust lawsuit against Verizon and other regional Bell companies cannot proceed without specific allegations to back it up. By a 7-2 vote, the justices reversed a U.S. appeals court ruling that allowed the class action antitrust lawsuit to go forward on a general allegation that Verizon predecessor Bell Atlantic Co. and other Bell companies had conspired not to compete in each other's territories.

"We hold that such a complaint should be dismissed," Justice David Souter wrote for the court majority.

At issue is a class action lawsuit against Bell Atlantic, which contends that lack of competition for local telephone service and "parallel conduct" of the regional Bells were evidence of an antitrust conspiracy.

More than a decade after the court-ordered breakup of AT&T into seven regional Bells, Congress passed a landmark legislation in 1996 designed to foster competition among carriers. It required regional Bells such as Verizon to make their networks available to rivals in exchange for gaining access to the lucrative long-distance voice and data markets.

The case was dismissed by a district court judge, who said the plaintiffs could not sue based only on a "bare-bones" allegation of conspiracy.

But that decision was reversed by a federal appeals court in New York, which ruled the case should not be dismissed unless the charges were implausible.

The U.S. Justice Department's antitrust division has sided with the telephone companies, arguing that "parallel action and inaction" alone was not enough to provide a basis for an antitrust lawsuit.

The Supreme Court's majority opinion agreed, ruling that an allegation of parallel conduct and a bare assertion of conspiracy is not enough. There must be enough facts to suggest an agreement was made, Souter said.




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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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