The petition of the day is:
Issues: (1) Whether and when false commercial speech gives rise to antitrust liability; and specifically whether, if a party knowingly lies about its competitors’ products, has a specific intent to become, and a reasonable probability of becoming, a monopolist and harms competition (all as a found by the jury), that party’s false commercial speech can support a claim of attempted monopolization under Sherman Act § 2; and (2) whether tainting the market with the sale of malfunctioning products constitutes exclusionary conduct.
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