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National Football League v. Ninth Inning Inc.

Certiorari Denied

Petition for certiorari denied on November 2, 2020.

Docket No.19-1098
Op. Below9th Cir.

Issue

(1) Whether an agreement among the members of a joint venture on how best to distribute the venture"s jointly created core product may be condemned under the Sherman Act without requiring the plaintiff to establish that defendants harmed competition in a properly defined antitrust market; and (2) whether, notwithstanding the Supreme Court"s decision in Illinois Brick Co. v. Illinois, antitrust damages claims may be brought by indirect purchasers who do not allege that they paid a price fixed by the alleged conspirators.

Proceedings & orders timeline

Nov 27, 2019
Application (19A606) to extend the time to file a petition for a writ of certiorari from January 8, 2020 to February 7, 2020, submitted to Justice Kagan.
Dec 2, 2019
Application (19A606) granted by Justice Kagan extending the time to file until February 7, 2020.
Feb 7, 2020
Motion (19M107) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
Feb 7, 2020
Petition for a writ of certiorari filed. (Response due April 8, 2020)
Feb 19, 2020
MOTION (19M107) DISTRIBUTED for Conference of 3/6/2020.
Mar 9, 2020
Motion (19M107) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
Apr 7, 2020
Waiver of right of respondents Ninth Inning, Inc., et al. to respond filed.
Apr 8, 2020
DISTRIBUTED for Conference of 4/24/2020.
Apr 8, 2020
Brief amicus curiae of The Chamber of Commerce of The United States of America filed.
Apr 8, 2020
Brief amici curiae of Antitrust Law and Business School Professors and Economists filed.
Apr 8, 2020
Brief amici curiae of Expert Antitrust Economists filed.
Apr 15, 2020
Response Requested. (Due May 15, 2020)
Apr 23, 2020
Motion to extend the time to file a response from May 15, 2020 to July 14, 2020, submitted to The Clerk.
Apr 24, 2020
Motion to extend the time to file a response is granted and the time is extended to and including July 14, 2020.
Jul 14, 2020
Brief of respondents Ninth Inning, Inc., et al. in opposition filed.
Jul 15, 2020
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from July 29, 2020 to August 12, 2020, submitted to The Clerk.
Jul 17, 2020
Motion to delay distribution of the petition for a writ certiorari until August 12, 2020, granted.
Aug 11, 2020
Reply of petitioners National Football League, et al. filed. (Distributed)
Aug 12, 2020
DISTRIBUTED for Conference of 9/29/2020.
Oct 5, 2020
DISTRIBUTED for Conference of 10/9/2020.
Oct 13, 2020
DISTRIBUTED for Conference of 10/16/2020.
Oct 26, 2020
DISTRIBUTED for Conference of 10/30/2020.
Nov 2, 2020
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition. Statement of Justice Kavanaugh respecting the denial of certiorari. (Detached Opinion)

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