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Pacific Bell Telephone Co. V. LinkLine Communications, Inc.
''Pacific Bell Telephone Co. v. linkLine Communications, Inc.'', 555 U.S. 438 (2009), was a United States Supreme Court case in which the Court unanimously held that Pacific Bell d/b/a AT&T did not violate the Sherman Antitrust Act when it charged other Internet providers a high fee to buy space on its phone lines to deliver an Internet connection. The court ruled that where there is no duty to deal at the wholesale level and no predatory pricing at the retail level, a firm is not required to price both of these services in a manner that preserves its rivals’ profit margins. This case was initiated by Internet service providers (ISP), alleging that incumbent telephone companies that owned infrastructure and facilities needed to provide digital subscriber line (DSL) service monopolized and attempted to monopolize regional DSL market. The ISP's claimed that the telephone companies accomplished this by squeezing the providers' profits by charging them high wholesale price for DSL ...
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Sherman Antitrust Act
The Sherman Antitrust Act of 1890 (, ) is a United States antitrust law which prescribes the rule of free competition among those engaged in commerce. It was passed by Congress and is named for Senator John Sherman, its principal author. The Sherman Act broadly prohibits 1) anticompetitive agreements and 2) unilateral conduct that monopolizes or attempts to monopolize the relevant market. The Act authorizes the Department of Justice to bring suits to enjoin (i.e. prohibit) conduct violating the Act, and additionally authorizes private parties injured by conduct violating the Act to bring suits for treble damages (i.e. three times as much money in damages as the violation cost them). Over time, the federal courts have developed a body of law under the Sherman Act making certain types of anticompetitive conduct per se illegal, and subjecting other types of conduct to case-by-case analysis regarding whether the conduct unreasonably restrains trade. The law attempts to prevent ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Pacific Bell
The Pacific Bell Telephone Company (Pacific Bell or Pac Bell) is a telephone company that provides telephone service in California. The company is owned by AT&T through AT&T Teleholdings, and, though separate, is now marketed as “AT&T”. The company has been known by a number of names during which its service area has changed. The formal name of the company from the 1910s through the 1984 Bell System divestiture was The Pacific Telephone and Telegraph Company. As of 2002, the name “Pacific Bell” is no longer used in marketing, Pacific Bell is still the holder of record for the infrastructure of cables and fiber through much of California. History The Pacific Telephone and Telegraph Company, or "PacTel" for short, managed the Bell System's telephone operations in California. It grew by acquiring smaller telephone companies along the Pacific coast. It built and occupied San Francisco's Pacific Telephone Building on New Montgomery Street which has been described as a " ...
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D/b/a
A trade name, trading name, or business name, is a pseudonym used by companies that do not operate under their registered company name. The term for this type of alternative name is a "fictitious" business name. Registering the fictitious name with a relevant government body is often required. In a number of countries, the phrase "trading as" (abbreviated to t/a) is used to designate a trade name. In the United States, the phrase "doing business as" (abbreviated to DBA, dba, d.b.a., or d/b/a) is used, among others, such as assumed business name or fictitious business name. In Canada, "operating as" (abbreviated to o/a) and "trading as" are used, although "doing business as" is also sometimes used. A company typically uses a trade name to conduct business using a simpler name rather than using their formal and often lengthier name. Trade names are also used when a preferred name cannot be registered, often because it may already be registered or is too similar to a name that is a ...
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AT&T
AT&T Inc. is an American multinational telecommunications holding company headquartered at Whitacre Tower in Downtown Dallas, Texas. It is the world's largest telecommunications company by revenue and the third largest provider of mobile telephone services in the U.S. , AT&T was ranked 13th on the ''Fortune'' 500 rankings of the largest United States corporations, with revenues of $168.8 billion. During most of the 20th century, AT&T had a monopoly on phone service in the United States. The company began its history as the American District Telegraph Company, formed in St. Louis in 1878. After expanding services to Arkansas, Kansas, Oklahoma and Texas, through a series of mergers, it became Southwestern Bell Telephone Company in 1920, which was then a subsidiary of American Telephone and Telegraph Company. The latter was a successor of the original Bell Telephone Company founded by Alexander Graham Bell in 1877. The American Bell Telephone Company formed the American Teleph ...
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Internet
The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, public, academic, business, and government networks of local to global scope, linked by a broad array of electronic, wireless, and optical networking technologies. The Internet carries a vast range of information resources and services, such as the inter-linked hypertext documents and applications of the World Wide Web (WWW), electronic mail, telephony, and file sharing. The origins of the Internet date back to the development of packet switching and research commissioned by the United States Department of Defense in the 1960s to enable time-sharing of computers. The primary precursor network, the ARPANET, initially served as a backbone for interconnection of regional academic and military networks in the 1970s to enable resource shari ...
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Predatory Pricing
Predatory pricing is a Pricing strategies, pricing strategy, using the method of undercutting on a larger scale, where a Article 102 of the Treaty on the Functioning of the European Union#Dominance, dominant firm in an industry will deliberately reduce the prices of a product or service to loss-making levels in the short-term. The aim is that Article 102 of the Treaty on the Functioning of the European Union#Actual Competitors, existing or Article 102 of the Treaty on the Functioning of the European Union#Potential Competitors, potential competitors within the Industry (economics), industry will be forced to leave the market, as they are unable to effectively compete with the dominant firm without making a loss. Once competition has been eliminated, the dominant firm now having a majority share of the Market (economics), market can raise its prices to monopoly levels in the long-term to Recoupment, recoup its losses. The difference between predatory pricing and competitive pricing ...
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Internet Service Providers
An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise privately owned. Internet services typically provided by ISPs can include Internet access, Transit (Internet), Internet transit, domain name registration, Web hosting service, web hosting, Usenet service, and colocation centre, colocation. An ISP typically serves as the access point or the Default gateway, gateway that provides a user access to everything available on the Internet. Such a network can also be called as an eyeball network. History The Internet (originally ARPAnet) was developed as a network between government research laboratories and participating departments of universities. Other companies and organizations joined by direct connection to the Internet backbone, backbone, or by arrangements through other connected companies, so ...
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Digital Subscriber Line
Digital subscriber line (DSL; originally digital subscriber loop) is a family of technologies that are used to transmit digital data over telephone lines. In telecommunications marketing, the term DSL is widely understood to mean asymmetric digital subscriber line (ADSL), the most commonly installed DSL technology, for Internet access. DSL service can be delivered simultaneously with wired telephone service on the same telephone line since DSL uses higher frequency bands for data. On the customer premises, a DSL filter on each non-DSL outlet blocks any high-frequency interference to enable simultaneous use of the voice and DSL services. The bit rate of consumer DSL services typically ranges from 256 kbit/s to over 100 Mbit/s in the direction to the customer (downstream), depending on DSL technology, line conditions, and service-level implementation. Bit rates of 1 Gbit/s have been reached. In ADSL, the data throughput in the upstream direction (the direction ...
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Mootness
The terms moot and mootness are used in both in English and American law, although with different meanings. In the legal system of the United States, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law. Thereby the matter has been deprived of practical significance or rendered purely academic. The U.S. development of this word stems from the practice of moot courts, in which hypothetical or fictional cases were argued as a part of legal education. These purely academic issues led the U.S. courts to describe cases where developing circumstances made any judgment ineffective as "moot". The doctrine can be compared to the ripeness doctrine, another judge-made rule, that holds that judges should not rule on cases based entirely on anticipated disputes or hypothetical facts. Similar doctrines prevent the federal courts of the United States from issuing advisory opinions. This is different fro ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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2009 In United States Case Law
9 (nine) is the natural number following and preceding . Evolution of the Arabic digit In the beginning, various Indians wrote a digit 9 similar in shape to the modern closing question mark without the bottom dot. The Kshatrapa, Andhra and Gupta started curving the bottom vertical line coming up with a -look-alike. The Nagari continued the bottom stroke to make a circle and enclose the 3-look-alike, in much the same way that the sign @ encircles a lowercase ''a''. As time went on, the enclosing circle became bigger and its line continued beyond the circle downwards, as the 3-look-alike became smaller. Soon, all that was left of the 3-look-alike was a squiggle. The Arabs simply connected that squiggle to the downward stroke at the middle and subsequent European change was purely cosmetic. While the shape of the glyph for the digit 9 has an ascender in most modern typefaces, in typefaces with text figures the character usually has a descender, as, for example, in . The mod ...
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