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Retractable Technologies, Inc. v. Becton, Dickinson and Co.

Petition for certiorari denied on March 20, 2017

Docket No. Op. Below Argument Opinion Vote Author Term
16-953 5th Cir. N/A N/A N/A N/A OT 2016

Issue: (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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
01/31/2017Petition for a writ of certiorari filed. (Response due March 3, 2017)
02/15/2017Brief of respondent Becton, Dickinson and Company in opposition filed.
02/27/2017Brief amicus curiae of The Committee to support the Antitrust Laws filed.
02/28/2017Reply of petitioners Retractable Technologies, Inc., et al. filed.
02/28/2017Brief amici curiae of US Inventor, Inc.et al. filed.
02/28/2017Brief amici curiae of Law Professors and Economics Professors filed.
03/01/2017DISTRIBUTED for Conference of March 17, 2017.
03/20/2017Petition DENIED.