· 9/23/2013
Novell v. Microsoft Corporation
Citations
- 731 F.3d 1064
- 2013 WL 5303259
- 2013 U.S. App. LEXIS 19463
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that courts must look at profits across business lines to determine if conduct is economically irrational
- reiterating that Aspen Skiing is a “limited exception to the general rule of firm independence.”
- describing Otter Tail as the “forebearer of [the] essential facilities doctrine” and noting that the doctrine is “controversial”
- describing Otter Tail as the \forebearer of [the] essential facilities doctrine” and noting that the doctrine is \controversial”
- distinguishing unilateral refusals to deal from other recognized forms of anticompetitive conduct, like exclusive dealing and tying
- aggregating sales and profits across entire market to assess firm’s “overall effi- ciency” and not singling out smaller market or product line
Source: CourtListener parenthetical corpus (CC0).
Judges: Kelly, Gorsuch, Holmes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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