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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.