Telecor Communications, Inc. v. Southwestern Bell Telephone Co.

PAUL KELLY, JR., Circuit Judge,

dissenting.

I would reverse on three grounds and respectfully dissent. In my view, the district court erred (1) by defining the relevant market on summary judgment, (2) in allowing the jury to base antitrust liability on contracts that were subject to OCC regulation and thereby immune from collateral attack under the state action and exclusive jurisdiction doctrines, and (3) in allowing damages for future enforcement of contracts that are necessarily void as against public policy under the jury’s interpretation of the evidence.

1. Defining the Product Market on…