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Appellate Court Concurs On Antitrust Case Ruling In Favor Of Oldcastle Precast

A three-member Ninth Circuit Court of Appeals panel has affirmed a federal court’s antitrust case finding that plaintiff’s counsel failed to show how defendants Oldcastle Precast Inc. and three AT&T affiliates harmed competition in California and Nevada telephone vault markets and brought antitrust injury

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Sources: U.S. Court of Appeals for the Ninth Circuit, San Francisco; CP staff

A three-member Ninth Circuit Court of Appeals panel has affirmed a federal court's antitrust case finding that plaintiff's counsel failed to show how defendants Oldcastle Precast Inc. and three AT&T affiliates harmed competition in California and Nevada telephone vault markets and brought antitrust injury. Attorneys for Jensen Enterprises Inc. had appealed a 2009 summary judgment wherein the U.S. District Court for the Northern District of California, San Francisco, ruled in defendants√Ć favor over alleged federal and state antitrust law violations.

The case stemmed from a 2006 complaint alleging Oldcastle Precast, along with Pacific Bell, Nevada Bell and SBC Services, had unreasonably restrained trade and conspired to monopolize telephone vaults for land-line connections. Plaintiffs challenged a contract requiring developers to purchase Oldcastle Precast product for properties served by AT&T infrastructure. They also contended the arrangement led to Oldcastle Precast capturing northern California sales of precast electrical vaults, often placed concurrently with telephone structures.