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VERIZON COMMUNICATIONS INC. v. LAW OFFICES OF TRINKO

No. 02-682.

540 U.S. 398 (2004)

124 S.Ct. 872

157 L.Ed.2d 823

VERIZON COMMUNICATIONS INC. v. LAW OFFICES OF CURTIS V. TRINKO, LLP

Supreme Court of United States.

Decided January 13, 2004.

Attorney(s) appearing for the Case

Richard G. Taranto argued the cause for petitioner. With him on the briefs were John Thorne, Michael K. Kellogg, Mark C. Hansen, Aaron M. Panner, and Henry B. Gutman.

Solicitor General Olson argued the cause for the United States et al. as amici curiae urging reversal. With him on the brief were Acting Assistant Attorney General Pate, Deputy Solicitor General Clement, Jeffrey A. Lamken, Catherine G. O'Sullivan, Nancy C. Garrison, and David Seidman.

Donald B. Verrilli, Jr., argued the cause for respondent. With him on the brief were Alice McInerney, Bruce V. Spiva, Ian Heath Gershengorn, Marc A. Goldman, Elaine J. Goldenberg, and Chester T. Kamin.*

JUSTICE SCALIA delivered the opinion of the Court.

The Telecommunications Act of 1996, Pub. L. 104-104, 110 Stat. 56, imposes certain duties upon incumbent local telephone companies in order to facilitate market entry by competitors, and establishes a complex regime for monitoring and enforcement. In this case we consider whether a complaint alleging breach of the incumbent's duty under the 1996 Act to share its network with...

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