US Supreme Court Upholds Telecoms Ability to Decide Whether, When, and How to Enter Markets

"The Supreme Court's decision embraces an important principle aboutprotecting the freedom of firms to make unilateral decisions on whatmarkets to enter or not enter. Today's decision is the fifth in a series ofSupreme Court decisions establishing that firms will not be challengedunder antitrust for making independent choices that benefit consumers. Thecourt's decision in Brooke Group affirmed the freedom to lower prices. Thecourt's decision in Discon (in which Verizon's predecessor NYNEX was thepetitioner) affirmed the freedom to choose suppliers. The court's decisionin Trinko (in which Verizon was the petitioner) affirmed the freedom toinvest. The court's decision in Weyerhauser affirmed the freedom to expandoutput. Today's decision affirms the freedom to decide when and how toenter new markets. "Consumers benefit when companies of every size have the right to lowerprices, choose suppliers, invest, expand output, and enter new marketsfreely."

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