The Antitrust Bulletin: The truth about Trinko

To paraphrase Charles Dickens, the Supreme Court’s decision in Veri­zon Communications Inc. v. Law Offices of Curtis V. Trinka, LLP1 (here­inafter Trinka) was the most sweeping of decisions, and it was the least sweeping of decisions. Although some see the Trinka case as a watershed event in which U.S. monopolization law as embodied in section 2 of the Sherman Act was significantly rolled back, the truth is that Trinka is largely a restatement of the status quo ante of monopo­lization doctrine. The case is limited to a procedural niche unique to the experimental competition-inducing regulatory statute under which it arose, the Telecommunications Act of 1996 (TCA),2 and because of this the substantive effect of the decision in a broader antitrust context promises to be quite modest.

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