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Court of Appeals Permits Covad Antitrust Suit Against BellSouth to Go Forward.


SAN JOSE San Jose, city, United States
San Jose (sănəzā`, săn hōzā`), city (1990 pop. 782,248), seat of Santa Clara co., W central Calif.; founded 1777, inc. 1850.
, Calif. -- The United States Court of Appeal for the Eleventh Circuit ruled last Friday that Covad Communications Company (OTCBB OTCBB

See OTC Bulletin Board (OTCBB).
:COVD COVD College of Optometrists in Vision Development
COVD Covad Communications Group (stock symbol) 
) could pursue certain antitrust and tort claims against BellSouth Corporation notwithstanding the Supreme Court's recent ruling in Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, L.L.P., 124 S.Ct. 872 (2004) ("Trinko").

In 2000, Covad asserted a variety of antitrust claims against BellSouth alleging that BellSouth used its monopoly power to engage in a concerted effort to thwart competition in the Internet access market. The United States District Court for the Northern District of Georgia The U.S. District Court for the Northern District of Georgia serves the residents of forty-six counties. These are divided up into four districts.

The Atlanta district includes: Cherokee, Clayton, Cobb, Internet Coffe Phone, Douglas, Fulton, Gwinnett, Henry, Newton, and
 dismissed Covad's claims, holding that Covad's claims were barred by the Telecommunications Act of 1996. In August 2002, the Eleventh Circuit reversed the district court's ruling, reinstated Covad's antitrust claims, and remanded the case back to the district court for further proceedings. Subsequently, the United States Supreme Court United States Supreme Court: see Supreme Court, United States.  issued a ruling in the Trinko case, which upheld the dismissal of an antitrust case alleging a single breach of an incumbent phone company's duty under the Telecommunications Act of 1996 to share its network with competitors. The Supreme Court subsequently remanded the 11th Circuit decision for further proceedings in light of the Trinko decision.

James Kirkland, Senior Vice President and General Counsel of Covad, said: "Many, including BellSouth, believed that the Supreme Court's Trinko decision made antitrust suits challenging monopoly abuses by incumbent phone companies impossible. We are pleased that the Eleventh Circuit has reaffirmed, as Covad predicted at the time of the Trinko decision, that phone companies will still be held accountable for such abuses under the antitrust laws antitrust laws n. acts adopted by Congress to outlaw or restrict business practices considered to be monopolistic or which restrain interstate commerce. The Sherman Antitrust Act of 1890 declared illegal "every contract, combination....  of this country. Covad intends to vigorously pursue its claims."

About Covad

Covad is a leading nationwide provider of integrated voice and data communications. The company offers DSL DSL
 in full Digital Subscriber Line

Broadband digital communications connection that operates over standard copper telephone wires. It requires a DSL modem, which splits transmissions into two frequency bands: the lower frequencies for voice (ordinary
, Voice Over IP, T1, Web hosting, managed security, IP and dial-up, and bundled voice and data services directly through Covad's network and through Internet Service Providers Internet service provider (ISP)

Company that provides Internet connections and services to individuals and organizations. For a monthly fee, ISPs provide computer users with a connection to their site (see data transmission), as well as a log-in name and password.
, value-added resellers, telecommunications carriers and affinity groups to small and medium-sized businesses and home users. Covad broadband services are currently available across the nation in 44 states and 235 Metropolitan Statistical Areas (MSAs) and can be purchased by more than 57 million homes and businesses, which represent over 50 percent of all U.S. homes and businesses. Corporate headquarters is located at 110 Rio Robles Robles is a common surname in the Spanish language meaning oaks, and may refer to:
  • Alfonso GarcĂ­a Robles (1911-1991), Mexican diplomat and politician
  • Aurora Robles (born 1980), Mexican fashion model
  • Charlie Robles (born 1943), Puerto Rican musician
 San Jose, CA 95134. Telephone: 1-888-GO-COVAD. Web Site: www.covad.com.

Safe Harbor Safe Harbor

1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated.

2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive.
 Statement under the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and  of 1995

The foregoing contains "forward-looking statements" regarding expected financial and operating results, as well as other matters, which are based on management's current information and beliefs as well as on a number of assumptions concerning future events made by management. Readers are cautioned not to put undue reliance on such forward-looking statements, which are not a guarantee of performance and are subject to a number of uncertainties and other factors, many of which are outside Covad's control, that could cause actual results to differ materially from such statements. These risk factors include the impact of increasing competition, pricing pressures, consolidation in the telecommunications industry, uncertainty in telecommunications regulations and changes in technologies, among other risks. For a more detailed description of the risk factors that could cause such a difference, please see Covad's 10-K, 10-K/A, 10-Q, 8-K and other filings with the Securities and Exchange Commission. Covad disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise. This information is presented solely to provide additional information to further understand the results of Covad.
COPYRIGHT 2004 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2004, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Geographic Code:1USA
Date:Jun 28, 2004
Words:598
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