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

Certiorari Denied

Petition for certiorari denied on March 20, 2017.

Docket No.16-953
Op. Below5th Cir.

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.

Proceedings & orders timeline

Jan 31, 2017
Petition for a writ of certiorari filed. (Response due March 3, 2017)
Feb 15, 2017
Brief of respondent Becton, Dickinson and Company in opposition filed.
Feb 27, 2017
Brief amicus curiae of The Committee to support the Antitrust Laws filed.
Feb 28, 2017
Reply of petitioners Retractable Technologies, Inc., et al. filed.
Feb 28, 2017
Brief amici curiae of US Inventor, Inc.et al. filed.
Feb 28, 2017
Brief amici curiae of Law Professors and Economics Professors filed.
Mar 1, 2017
DISTRIBUTED for Conference of March 17, 2017.
Mar 20, 2017
Petition DENIED.

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