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Puerto Rico Telephone Company, Inc. v. San Juan Cable LLC

Paid petition · United States Court of Appeals for the First Circuit, No. No. 16-2132 · judgment October 31, 2017


Certiorari denied · April 23, 2018
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a First Circuit decision below, a dissent in the court below (flagged in the petition), and a business petitioner, and down for a business respondent.

Question presented

Whether pursuing a series of petitions to courts and administrative bodies, filed for the purpose and with the effect of using the governmental process itself – rather than the results of that process – to harm competition, may be a basis for liability under the Sherman Act, even if no single petition in the series was objectively baseless.

Counsel of record

For petitioner
Aaron M. Panner
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.

For respondent
Jacob Moshe Roth
Jones Day

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
17A761

Proceedings

  1. Apr 23 2018
    Petition DENIED.
  2. Apr 04 2018
    DISTRIBUTED for Conference of 4/20/2018.
  3. Apr 02 2018
    Brief amici curiae of Antitrust Scholars filed.
  4. Mar 29 2018
    Waiver of right of respondent San Juan Cable LLC to respond filed.
  5. Feb 28 2018
    Petition for a writ of certiorari filed. (Response due April 2, 2018)
  6. Jan 19 2018
    Application (17A761) granted by Justice Breyer extending the time to file until February 28, 2018.
  7. Jan 18 2018
    Application (17A761) to extend the time to file a petition for a writ of certiorari from January 29, 2018 to February 28, 2018, submitted to Justice Breyer.