U.S. Supreme Court To Dive Deeply Into Antitrust: Granting Certiorari In Two Antitrust Cases

Originally published in V&E Antitrust Updates E-communication, June 27, 2012

On June 25, 2012, the U.S. Supreme Court granted certiorari in Comcast Corp. v. Behrend, No. 11-864 and Federal Trade Commission v. Phoebe Putney Health System, Inc., No. 11-1160, two cases that will provide important guidance regarding antitrust jurisprudence. In Comcast, the Court will decide the level of inquiry a district court must make on class certification when considering whether plaintiffs can prove damages on a class-wide basis. In Phoebe Putney, the Court will address the scope of the state action doctrine as applied to immunization from the federal antitrust laws.

Comcast Corp. v. Behrend