[20050801]RS21723_Verizon CommunicationsInc.诉Trinko：电信消费者不能利用反托拉斯法来补救违反《电信法》的访问行为.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21723Updated August 1, 2005Verizon Communications, Inc. v. Trinko:Telecommunications Consumers Cannot UseAntitrust Laws to Remedy Access Violationsof Telecommunications Act name redactedLegislative AttorneyAmerican Law DivisionSummaryIn Verizon Communications, Inc. v. Law Offices of Curtis V. Trinko (540 U.S. 3982004), the Supreme Court denied the antitrust claim advanced by a consumer oftelecommunications services against a local exchange carrier that had previously beensubject to regulatory discipline by both the Federal Communications Commission andthe New York Public Service Commission. According to the Court, the fact thatVerizon had been found to have breached its duty under the Telecommunications Actof 1996 to adequately share its network with telecommunications companies including AT&T, which provided service to Trinko wishing to provide competitivelocal exchange services did not provide sufficient basis for finding a violation of theantitrust laws.Although Congress included “an antitrust-specific savings clause” to emphasizethat neither the act nor any amen