Supreme Court of the United States · Official docket →
The Common Application, Inc. v. CollegeNET, Inc.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-35443 · judgment October 23, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether the Ninth Circuit departed from this Court’s precedent in holding that an antitrust plaintiff alleging that the defendant’s conduct produced lower prices and higher output can nonetheless satisfy the antitrust injury requirement merely by alleging that its own products are superior to those offered by the defendant.
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Whether the petition should be held for this Court’s decision in Ohio v. American Express Co., No. 16-1454, because that case raises the same issue as this one: whether, under the rule of reason, establishing anticompetitive harm on only one side of a twosided market is sufficient to satisfy the plaintiff ’s burden, or whether instead the plaintiff must establish harm to both sides.
Counsel of record
For petitioner
Thane D. Scott
Morgan, Lewis & Bockius LLP
For respondent
Eric David Miller
Perkins Coie, LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- May 14 2018Petition DENIED.
- Apr 24 2018DISTRIBUTED for Conference of 5/10/2018.
- Apr 20 2018Reply of petitioner The Common Application, Inc. filed.
- Apr 09 2018Brief of respondent CollegeNET, Inc. in opposition filed.
- Mar 06 2018Petition for a writ of certiorari filed. (Response due April 9, 2018)