Supreme Court Docket Report - February 25, 2009

Originally published February 25, 2009

Keywords: Pacific Bell, linkLine Communications, AT&T, DSL service, California, price squeeze, federal communications law, Sherman Act, federal communications law,

Today the Supreme Court issued a decision, described below, of interest to the business community.

Pacific Bell Telephone Co. v. linkLine Communications, Inc., No. 07-512 (previously discussed in the June 23, 2008 Docket Report).

AT&T owns much of the infrastructure and facilities needed to provide DSL service in California. As a condition for a recent merger, the Federal Communications Commission requires AT&T to provide wholesale DSL transport service to rival internet service providers (ISPs) at a price no greater than the retail price of AT&T's DSL service. The Supreme Court granted certiorari in Pacific Bell Telephone Co. v. linkLine Communications, Inc., No. 07-512, to decide whether a "price squeeze" claim may be brought under § 2 of the Sherman Act