引述 :『"Across a wide variety of areas, a theme is this Court has decided to cut back people's access to courts," said constitutional law scholar Pamela Karlan of Stanford Law School. "If you look at this term and back a term or two, the Court wants to make sure the lower courts read the antitrust law and apply it in a way that's designed to err on the side of ensuring the pro-competitive conduct is encouraged," he said. "If you go back 30 years in antitrust jurisprudence, you would certainly say the balance was the other way." Since 1979, the Court has been slowly chipping away at old rules to change that presumption, added Smith. Smith and others also believe the decisions this term, in particular, reflect the justices' increasing belief that competition issues are better resolved in the marketplace than in the judicial system. "You see expressly and implicitly in their opinions the concern that antitrust litigation is a long and costly process for all parties, including the courts," said Smith. Or, he added, as in the term's case involving a conflict between antitrust and securities regulation, a regulatory body is the better resolution. In Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., No. 05-381, a unanimous Court held that a two-part test for recovery on a predatory-pricing claim also applies to a predatory-buying claim because they are analytically similar. Leegin successfully sought to overturn the per se rule, which the high court had announced in a 1911 decision, Dr. Miles Medical Co. v. John D. Parks & Sons, 220 U.S. 373, and replace it with the so-called rule of reason. Cavanagh agreed, adding, "Twombly is going to enable courts, in antitrust and in cases like civil rights, to get rid of cases on the pleadings because they think they're thin rather than give plaintiffs an opportunity to get discovery." Credit Suisse held, 7-1, that securities laws preclude antitrust liability in an antitrust class action against a syndicate formed to underwrite initial public offerings of high-tech companies.』

引述 :『"The decision should discourage plaintiffs from filing antitrust conspiracy claims based upon nothing more than evidence of parallel conduct and a hope that more will turn up in discovery." But he added that Souter's standard is still low enough that the decision won't discourage legitimate antitrust lawsuits.』

引述 :『In his 37-page opinion in Behrend v. Comcast Corp., U.S. District Judge John R. Padova certified a class of Comcast subscribers in the 16-county Philadelphia metropolitan area, including six Pennsylvania counties, two Delaware counties and eight New Jersey counties. n the Philadelphia and Chicago markets, the suit alleges, Comcast succeeded, through a series of swap agreements with AT&T and Adelphia, in establishing monopolies in the cable television and cable Internet service markets, with 94 percent and 92 percent, respectively, of the two markets. Since then, the suit says, Comcast has used its monopoly power to raise cable prices in the Philadelphia and Chicago clusters to "artificially high, supracompetitive levels." Padova disagreed, saying "the mere fact that regulatory and law enforcement agencies may have reviewed and approved the challenged transactions is not ground for dismissal."』

引述 :『荷蘭的消費者保護機構25日加入其他歐洲國家的行列，要求蘋果公司開放iTunes販賣歌曲的格式，讓其他裝置也可播放，使蘋果的數位音樂營運模式在歐洲面臨愈來愈大的挑戰。 荷蘭消費者協會發言人說，已向荷蘭反托辣斯監理機關投訴蘋果i-Tunes商店，要求調查iTunes下載音樂限制其他裝置播放的「不法行為」。』