The Computer & Communications Industry Association (CCIA) is urging the Supreme Court to consider an antitrust case involving Duke Energy. The association has filed an amicus brief, joined by several other tech organizations, and is critical of a lower court's application of the "monopoly broth" theory of antitrust liability.
The brief mentions that the Fourth Circuit Court of Appeals upset the established antitrust doctrine by ruling that a combination of lawful business practices could violate the Sherman Act. This theory is labeled as contradictory to the court's precedent and is seen as a potential cause of legal uncertainty and deterrence of technological investment. The brief highlights the possibility of exposure to treble damages for entirely lawful actions, warning that this could chill procompetitive conduct intended to be encouraged by antitrust laws.
Stephanie Joyce, Senior Vice President and Chief of Staff, who is also the Director of CCIA’s Litigation Center, commented on the issue: “It is crucial that the Supreme Court review the lower court’s erroneous ‘monopoly broth’ theory of antitrust liability. In antitrust, as in math, zero plus zero is still zero – a lawful course of conduct should not be the basis for allegations of anticompetitive behavior. Allowing such claims to proceed creates legal uncertainty, harms both businesses and consumers, and runs afoul of Supreme Court precedent.”