Announced Action for December 17, 2002

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The Commission has approved the filing of a joint brief with the Department of Justice (DOJ), as amici curiae, in the matter of Verizon Communications, Inc. v. Law Offices of Curtis V. Trinko, No. 02-682 (U.S. S. Ct.). The case, which is currently pending before the U.S. Supreme Court, addresses the standards for liability under Section 2 of the Sherman Antitrust Act, 15 U.S.C. § 2, with respect to claims that an alleged monopolist denied access to an "essential facility," and engaged in "monopoly leveraging."

The Commission vote authorizing staff to join DOJ in filing the amicus brief was 4-0, with Commissioner Sheila Anthony recused. (FTC File No. P859907; staff contact is John F. Daly, FTC Office of the General Counsel, 202-326-2244.)

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