Supreme Court Decides Major Monopolization Case

On January 13, 2004, the Supreme Court issued its decision in Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP, No. 02-682. The Court’s ruling represents a major decision in the area of monopolization under Section 2 of the Sherman Act and resolves perhaps the most important business case of the Term. The opinion addresses several significant antitrust theories applicable to monopolization cases and will effectively limit certain controversial antitrust doctrines. It could also make it substantially more difficult to bring a monopolization or attempted monopolization claim against a dominant firm, particularly in a regulated industry. This case was the subject of a Kilpatrick Stockton Antitrust Legal Alert on March 31, 2003.