Swisher International Inc. v. Trendsettah USA Inc.

Petition for certiorari denied on October 21, 2019
Docket No. Op. Below Argument Opinion Vote Author Term
19-349 9th Cir. N/A N/A N/A N/A OT 2019

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among counsel for the respondent in this case.

Issues: (1) Whether a jury verdict finding a defendant liable under Section 2 of the Sherman Act for refusing to deal or cooperate with a competitor may be upheld when the jury was not instructed (a) that a monopolist has no general duty to deal with its business rivals or (b) that the plaintiff must prove that the refusal was contrary to the defendant’s short-run interests; and (2) whether an impact on a single firm’s output can give rise to a presumption of injury to competition under Section 2 of the Sherman Act, even when marketwide output is increasing.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 26 2019Application (18A1364) to extend the time to file a petition for a writ of certiorari from July 17, 2019 to September 15, 2019, submitted to Justice Kagan.
Jun 27 2019Application (18A1364) granted by Justice Kagan extending the time to file until September 15, 2019.
Sep 13 2019Petition for a writ of certiorari filed. (Response due October 17, 2019)
Sep 18 2019Brief of respondent Trendsettah USA, Inc., et al. in opposition filed.
Oct 02 2019DISTRIBUTED for Conference of 10/18/2019.
Oct 02 2019Reply of petitioner Swisher International, Inc. filed. (Distributed)
Oct 02 2019Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Oct 09 2019Brief amicus curiae of Dr. Janusz A. Ordover filed. (Distributed)
Oct 21 2019Petition DENIED.
 
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