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Duke Energy Carolinas, LLC, et al. v. NTE Carolinas II, LLC, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 22-2168 · judgment August 5, 2024
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a business petitioner, and a Fourth Circuit decision below, and down for a business respondent.
Question presented
Whether a plaintiff can prevail on a monopolization claim under Section 2 of the Sherman Act by aggregating multiple distinct, independently lawful acts into an unlawful whole. (I)
Counsel of record
For petitioner
Jeffrey B. Wall
Sullivan & Cromwell LLP
For respondent
Derek T. Ho
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Amicus briefs
4 cert-stage
Orders
Order list, June 2, 2025
Order list, January 12, 2026 · Certiorari denied
Proceedings
- Jan 12 2026Petition DENIED.
- Dec 16 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 11 2025Supplemental brief of petitioners Duke Energy Carolinas, LLC, et al. filed.
- Dec 01 2025Brief amicus curiae of United States filed.
- Jun 02 2025The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- May 13 2025DISTRIBUTED for Conference of 5/29/2025.
- May 12 2025Reply of petitioners Duke Energy Carolinas, LLC, et al. filed. (Distributed)
- Apr 28 2025Brief of respondents NTE Carolinas II, LLC, et al. in opposition filed.
- Mar 27 2025Brief amici curiae of Professor Daniel A. Crane, et al. filed.
- Mar 27 2025Brief amici curiae of The Computer & Communications Industry Association, et al. filed.
- Mar 27 2025Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
- Mar 14 2025Motion to extend the time to file a response is granted and the time is extended to and including April 28, 2025, for all respondents.
- Mar 13 2025Motion to extend the time to file a response from March 27, 2025 to April 26, 2025, submitted to The Clerk.
- Feb 21 2025Petition for a writ of certiorari filed. (Response due March 27, 2025)