Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

Energy Conversion Devices Liquidation Trust v. Trina Solar Limited

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
16-850 6th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the U.S. Court of Appeals for the 6th Circuit erred in holding, in conflict with the U.S. Courts of Appeals for the 3rd and 9th Circuits and this court's precedents, that there is an exception to the rule that horizontal price-fixing among competitors is illegal per se under Section 1 of the Sherman Act where the prices are fixed below cost and the plaintiff does not allege that the conspirators' purported losses will later be recouped via higher prices; and (2) whether a competitor bankrupted by its rivals' below-cost horizontal price-fixing agreement has antitrust standing to challenge the agreement under Section 1 (as the 9th Circuit has held), or whether, absent allegations of recoupment, only consumers may challenge a price-fixing agreement under Section 1 and only if it fixes prices at supra-competitive levels (as the 6th Circuit held below).

SCOTUSblog Coverage

DateProceedings and Orders
Oct 25 2016Application (16A430) to extend the time to file a petition for a writ of certiorari from November 16, 2016 to January 5, 2017, submitted to Justice Kagan.
Oct 28 2016Application (16A430) granted by Justice Kagan extending the time to file until January 5, 2017.
Jan 5 2017Petition for a writ of certiorari filed. (Response due February 6, 2017)
Jan 26 2017Order extending time to file response to petition to and including March 8, 2017, for all respondents.
Feb 2 2017Brief amicus curiae of The United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union filed.
Mar 3 2017Brief of respondents Trina Solar Limited, et al. in opposition filed.
Mar 21 2017Reply of petitioner Energy Conversion Devices Liquidation Trust filed.
Mar 22 2017DISTRIBUTED for Conference of April 13, 2017.
 
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