The Federalist Society

Biting the Hand that Feeds

February 20, 2008

Robert Pambianco

The telecom mess has gotten messier. Thanks to the ingenious efforts of enterprising class action lawyers, a split has emerged among three federal courts of appeals, further complicating the legal swamp created by the 1996 Telecommunications Act. The divergence occurs on the road where that statute intersects with the antitrust laws. And it involves this question: do allegations of inadequate performance of duties imposed by the 1996 Act—specifically duties that compel cooperation with competitors—state an antitrust claim?

Biting the Hand that Feeds: Can Telecommunications Competitors and Consumers Bring Antitrust Claims Based on Incumbent's Non-Antitrust Duties? Decisions May Spur New Class Action Litigation.  


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