On Jun 23 the Supreme Court agreed to review a California suit where Linkline, an ISP, had accused AT&T of charging so much for wholesale access that the ISP could not compete. AT&T argues that they are under no obligation. An appeals court found for Linkline. The Bush administration persuaded the Supreme Court to review the case.
The outcome has serious inferences for access competition in the nation.
The Bush Administration’s Office of U.S. Solicitor General sided with AT&T, maintaining that federal antitrust laws don’t cover the LinkLine claims.
In urging the Supreme Court to overturn the Ninth Circuit opinion, U.S. Solicitor General Paul Clement said: “Such a theory of liability could not be reconciled with this court’s modern antitrust jurisprudence.”