X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Diane P. Wood, Circuit Judge. TheTelecommunications Act of 1996, Pub. L. 104-104,110 Stat. 56 (1996), codified at 47 U.S.C. sec.151 et seq., represents a comprehensive effort byCongress to bring the benefits of deregulationand competition to all aspects of thetelecommunications market in the United States,including especially local markets. But progressand change in such a complex industry do notoccur overnight, and Congress accordinglyentrusted the Federal Communications Commission(FCC) and the state public utility commissionswith the task of overseeing the transition fromthe former regulatory regime to the Promised Landwhere competition reigns, consumers have a widearray of choice, and prices are low.

The antitrust laws for more than 110 years haveserved much the same purpose for the entireeconomy. The question that confronts us here ishow and where these two competition-friendlyregimes intersect. Consumers in most of thestates served by Ameritech Corporation broughtthis suit under the monopolization provision ofthe Sherman Act, 15 U.S.C. sec. 2 (1994),claiming that Ameritech has been violating boththe antitrust laws, as it has moved through thederegulation process mandated by theTelecommunications Act (which we will usuallycall “the 1996 Act” for short), and the 1996 Actitself. The district court dismissed their case,never reaching their effort to bring it as aclass action, on the ground that they lackedstanding to complain about Ameritech’s allegedfootdragging and obstructive behavior. We haveconcluded that the district court was correct todismiss the plaintiffs’ suit. Our reasons,however, differ in important respects from thoseon which it relied, as we explain below.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Elite Trial Lawyers 2021

July 29, 2021
Virtual

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Register

BenefitsPRO Broker Expo 2021

May 18, 2021 - August 18, 2021
Virtual / San Diego, CA

The premier educational and networking event for employee benefits brokers and agents.


Register

African Legal Awards 2021

September 03, 2021
TBD

The African Legal Awards are set out to recognise exceptional achievement from Africa s legal elite.


Register

The Usclaims Philadelphia Team Is Growing!

Philadelphia, Pennsylvania, United States

Are you looking to get away from your desk and be part of a dynamic team? Do you seek work-life balance while still working in the legal fie...


Apply Now ›

Patent Prosecution Associate Attorney

Waterbury, Connecticut, United States

Carmody Torrance Sandak & Hennessey is seeking an associate attorney with at least 2 years’ experience to undertake patent prosecu...


Apply Now ›

Employee Benefits Associate

Philadelphia, Pennsylvania, United States

Duane Morris seeks an associate with 3-4 years of experience to join its Employee Benefits and Executive Compensation Group. Candidate shoul...


Apply Now ›

VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN

07/27/2021
TLI Web

VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN is pleased to welcome Frank Breitman, Esq. a talented and respected litigator to our ranks of trial lawyers.


View Announcement ›

HARWOOD LLOYD, LLC

07/26/2021
NJLJ Web

HARWOOD LLOYD, LLC Welcomes Beth L. Barnhard, Esq. Beth has joined the firm as Counsel in the Wills, Trusts and Estates Department. She is Certified to be an Elder Law Attorney (CELA) by the ABAaccredited National Elder Law Foundation.


View Announcement ›

SNYDER SARNO D'ANIELLO MACERI & DACOSTA

07/26/2021
NJLJ Web

SNYDER SARNO D'ANIELLO MACERI & DACOSTA is Proud to Announce the opening of New Morristown Office!


View Announcement ›