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Courts Allow Covad Antitrust Suits against Verizon and BellSouth to Continue.


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. -- Two recent Court decisions allow antitrust suits filed by Covad Communications (OTCBB OTCBB

See OTC Bulletin Board (OTCBB).
:COVD COVD College of Optometrists in Vision Development
COVD Covad Communications Group (stock symbol) 
) to continue against Verizon and BellSouth. In both cases, the Court found that one of Covad's antitrust claims could go forward and remanded the cases for further proceedings in the District Court.

On March 1, 2005, the D.C. Circuit Court of Appeals rendered its opinion in Covad's antitrust lawsuit against Verizon (Covad Communications Co., et al. v. Bell Atlantic Corp., et al.). On March 7, the U.S. Supreme Court denied certiorari certiorari

In law, a writ issued by a superior court for the reexamination of an action of a lower court. The writ of certiorari was originally a writ from England's Court of Queen's (King's) Bench to the judges of an inferior court; it was later expanded to include writs
 in Covad's appeal from the 11th Circuit Court decision in Covad's antitrust lawsuit against BellSouth (Covad Communications Co. v. BellSouth Corp.). The D.C. Circuit Court decision and the 11th Circuit Court decision considered the effect of the Supreme Court's January 13, 2004 ruling in Verizon Communications
"Verizon" redirects here: this article is about the corporation; see also Verizon Wireless, Verizon Online DSL and Verizon FiOS.


Verizon Communications, Inc.
 v. Law Offices of Curtis Trinko on Covad's pending antitrust suits against Verizon and BellSouth respectively. Both courts ruled that certain of Covad's antitrust claims were foreclosed by the Trinko decision.

However, in the BellSouth decision, the 11th Circuit Court held that Covad's claim that BellSouth had subjected Covad to an anticompetitive an·ti·com·pet·i·tive  
adj.
That discourages competition among businesses: anticompetitive foreign trade restrictions. 
 "price squeeze" survived the Supreme Court's Trinko decision, and also ruled on a procedural point with respect to remedies for violations of the Telecommunications Act. In the D.C. Circuit Court decision, the Court held that Covad's claim that Verizon had refused to deal with Covad customers survived Trinko.

James Kirkland, senior vice president and general counsel for Covad, said: "In its suits against Verizon and BellSouth, Covad alleged that these companies had engaged in concerted campaigns to foreclose fore·close  
v. fore·closed, fore·clos·ing, fore·clos·es

v.tr.
1.
a. To deprive (a mortgagor) of the right to redeem mortgaged property, as when payments have not been made.

b.
 competition in the broadband and voice markets in violation of the federal 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.... , as well as the Federal Telecommunications Act. After the Supreme Court's decision in Trinko, many believed that federal antitrust claims could no longer be brought against incumbent local telephone companies.

"The Courts of Appeals in both of Covad's suits have now ruled to the contrary and have clearly established that incumbent phone companies can still be held accountable under the antitrust laws. In addition, Covad claims for damages for violations of the Telecommunications Act were not in any way affected by Trinko and can go forward.

"Covad is in continuing discussions with Verizon and BellSouth with respect to possible commercial agreements, and Covad's preference is to reach commercial agreements rather than engage in legal and regulatory squabbles. In the absence of a commercial agreement, Covad is prepared to move forward with its antitrust claims and Telecommunications Act claims within the holdings of the 11th Circuit and D.C. Circuit.

"The Supreme Court's decision to deny certiorari in Covad's request for review of the 11th Circuit decision was not unexpected, since the Supreme Court accepts only a very limited number of cases for review. Denial of certiorari does not prevent Covad's lawsuit on price squeeze claims from moving forward. Covad's petition for review to the Supreme Court addressed limited issues relating to the appropriate forum for Telecommunications Act 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 US 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 García 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" 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 future legal decisions on Covad's lawsuits against BellSouth and Verizon. For a more detailed description of the risk factors that could cause such a difference, please see Covad's 10-K, 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 2005 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2005, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Geographic Code:1USA
Date:Mar 10, 2005
Words:793
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