No. 20-319

Comcast Corporation, et al. v. Viamedia, Inc.

Lower Court: Seventh Circuit
Docketed: 2020-09-10
Status: Denied
Type: Paid
CVSGAmici (5)Relisted (2) Experienced Counsel
Tags: anticompetitive-conduct antitrust business-justification circuit-conflict circuit-split refusal-to-deal sherman-act trinko
Key Terms:
Antitrust CriminalProcedure JusticiabilityDoctri
Latest Conference: 2021-06-24 (distributed 2 times)
Question Presented (from Petition)

(1) whether the Seventh Circuit erred in holding that a refusal-to-deal claim under § 2 of the Sherman Act may proceed despite the presence of valid business justifications for the refusal, in direct conflict with Trinko and decisions of the Second, Ninth, Tenth, and Eleventh Circuits; and

(2) whether the Seventh Circuit erred in allowing a plaintiff to avoid the limitations on a § 2 refusal-to-deal claim by reframing it as some other form of anticompetitive conduct, such as tying, in direct conflict with Linkline and decisions of the Fourth, Ninth, and Tenth Circuits.

Question Presented (AI Summary)

Whether the Seventh Circuit erred in holding that a refusal-to-deal claim under § 2 of the Sherman Act may proceed despite the presence of valid business justifications for the refusal

Docket Entries

2021-06-28
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-06-07
Supplemental brief of petitioners Comcast Corporation, et al. filed. (Distributed)
2021-05-25
Brief amicus curiae of United States filed.
2020-12-07
The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Barrett took no part in the consideration of this petition.
2020-11-17
DISTRIBUTED for Conference of 12/4/2020.
2020-11-16
Reply of petitioners Comcast Corporation, et al. filed. (Distributed)
2020-11-03
Brief of respondent Viamedia, Inc. in opposition filed.
2020-10-13
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
2020-10-13
Brief amicus curiae of Washington Legal Foundation filed.
2020-10-13
Brief amici curiae of Scholars of Economics and Antitrust filed.
2020-10-13
Brief amicus curiae of NCTA - The Internet & Television Association filed.
2020-10-02
Motion to extend the time to file a response is granted and the time is extended to and including November 12, 2020.
2020-09-30
Motion to extend the time to file a response from October 13, 2020 to November 12, 2020, submitted to The Clerk.
2020-09-24
Blanket Consent filed by Petitioner, Comcast Corporation, et al.
2020-09-04
Petition for a writ of certiorari filed. (Response due October 13, 2020)

Attorneys

Comcast Corporation, et al.
Miguel A. EstradaGibson, Dunn & Crutcher LLP, Petitioner
NCTA - The Internet & Television Association
Matthew A. BrillLatham & Watkins LLP, Amicus
Scholars of Economics and Antitrust
Pratik Arvind ShahAkin Gump Strauss Hauer & Feld, LLP, Amicus
The Chamber of Commerce of the United States of America
Steffen Nathanael JohnsonWilson Sonsini Goodrich & Rosati, Amicus
United States
Elizabeth B. PrelogarActing Solicitor General, Amicus
Viamedia, Inc.
Aaron M. PannerKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Respondent
Washington Legal Foundation
Cory L. AndrewsWashington Legal Foundation, Amicus