FCC and Dept. of Justice urged 11th U.S. Appeals Court, Atlanta, ...
FCC and Dept. of Justice urged 11th U.S. Appeals Court, Atlanta, to reject BellSouth’s request for dismissal of antitrust suit by Intermedia Communications. In amicus brief, FCC and DoJ disagreed with BellSouth that remedies in Telecom Act foreclosed antitrust…
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claims. Case hinges on decision last year by 7th U.S. Appeals Court, Chicago, in Goldwasser vs. Ameritech that also dealt with conflict between Telecom Act and antitrust law. “The court should reject any argument that [Telecom Act] creates implied antitrust immunity,” DoJ-FCC said in brief filed March 28. Intermedia suit charged BellSouth with violating antitrust laws by not providing interconnection on reasonable terms.