WASHINGTON, D.C., October 10, 2019 - In a timely case about whether a company with market power must accommodate customers who are also rivals, Baker Botts Antitrust and Competition Law Chair and Partner, Maureen Ohlhausen and Senior Associate, Jody Boudreault petitioned the United States Supreme Court on behalf of Dr. Janusz Ordover, Senior Consultant with Compass Lexecon, to grant certiorari to uphold the correct standard in Trendsettah USA v. Swisher International.
In the brief, Baker Botts argued that the long-standing rule that businesses have no general obligation to assist competitors protects the incentives that drive competition and benefit consumers, rather than the interest of a single player. Additionally, the brief argued that plaintiffs must prove that the defendant sacrificed short-run profits and that its action was irrational but for its anticompetitive effect. Baker Botts’ brief also claimed that plaintiffs must show an anticompetitive effect on the market and not just on the output of a single firm.
To read the full Brief, please click here.
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