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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


Certiorari denied · May 14, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. 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.

  2. 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

  1. May 14 2018
    Petition DENIED.
  2. Apr 24 2018
    DISTRIBUTED for Conference of 5/10/2018.
  3. Apr 20 2018
    Reply of petitioner The Common Application, Inc. filed.
  4. Apr 09 2018
    Brief of respondent CollegeNET, Inc. in opposition filed.
  5. Mar 06 2018
    Petition for a writ of certiorari filed. (Response due April 9, 2018)