Court Rules For Wireless Carriers In Text Message Price Fixing Case

An Illinois federal judge has granted summary judgment to the defendant wireless carriers in the controversial text message price fixing case. The court found that, notwithstanding inflammatory employee emails, available opportunities to collude, parallel price increases, and expert testimony, the evidence did not meet the requirement of tending to show collusion rather than independent action. The court held that plaintiffs' strategy of offering many arguments (but little evidence) regarding opportunities to collude and parallel action were insufficient to prove conspiracy.  This strategy is frequently pursued by plaintiffs in antitrust conspiracy cases, so the district court's rejection is noteworthy.