Antitrust Scholars Say Circuit Split Needs Court Action on Puerto Rico MVPD Complaint
The 1st U.S. Circuit Court of Appeals decision throwing out antitrust claims against San Juan Cable, doing business as OneLink (see 1803020004), contradicts other circuit courts and distorts antitrust petitioning immunity doctrine, antitrust scholars told the Supreme Court in a…
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docket 17-1215 amicus brief filed Monday. The brief was filed on behalf of petitioner Puerto Rico Telephone Co., which argued OneLink's regulatory petitions aimed at blocking cable-TV competition from PRTC. The antitrust academics said the Supreme Court should review the appeal to resolve the circuit split. They said the 1st Circuit's rationale would let a monopolist sidestep antitrust scrutiny of a pattern of petitioning activity as long as each petition meets a minimal threshold of objective merit, thus letting the monopolist abuse the administrative and adjudicative process. Signing the brief were professors Michael Carrier of Rutgers Law School, Peter Carstensen of University of Wisconsin Law School, Nicholas Economides of New York University's Stern School of Business, Einer Elhauge of Harvard Law School, Eleanor Fox of NYU School of Law, Robert Lande of University of Baltimore School of Law, Abbott Lipsky of George Mason University's Scalia Law School, Roger Noll of Stanford University, Sasha Volokh of Emory Law School and others. OneLink outside counsel didn't comment Tuesday. The company in a filing last week said it didn't intend to respond to PRTC's petition for writ of certiorari unless requested by the court.