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National Football League v. Ninth Inning Inc.

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Petition for certiorari denied on November 2, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
19-1098 9th Cir. N/A N/A N/A N/A OT 2020

Issues: (1) Whether an agreement among the members of a joint venture on how best to distribute the venture’s jointly created core product may be condemned under the Sherman Act without requiring the plaintiff to establish that defendants harmed competition in a properly defined antitrust market; and (2) whether, notwithstanding the Supreme Court’s decision in Illinois Brick Co. v. Illinois, antitrust damages claims may be brought by indirect purchasers who do not allege that they paid a price fixed by the alleged conspirators.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 27 2019Application (19A606) to extend the time to file a petition for a writ of certiorari from January 8, 2020 to February 7, 2020, submitted to Justice Kagan.
Dec 02 2019Application (19A606) granted by Justice Kagan extending the time to file until February 7, 2020.
Feb 07 2020Motion (19M107) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
Feb 07 2020Petition for a writ of certiorari filed. (Response due April 8, 2020)
Feb 19 2020MOTION (19M107) DISTRIBUTED for Conference of 3/6/2020.
Mar 09 2020Motion (19M107) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
Apr 07 2020Waiver of right of respondents Ninth Inning, Inc., et al. to respond filed.
Apr 08 2020DISTRIBUTED for Conference of 4/24/2020.
Apr 08 2020Brief amicus curiae of The Chamber of Commerce of The United States of America filed.
Apr 08 2020Brief amici curiae of Antitrust Law and Business School Professors and Economists filed.
Apr 08 2020Brief amici curiae of Expert Antitrust Economists filed.
Apr 15 2020Response Requested. (Due May 15, 2020)
Apr 23 2020Motion to extend the time to file a response from May 15, 2020 to July 14, 2020, submitted to The Clerk.
Apr 24 2020Motion to extend the time to file a response is granted and the time is extended to and including July 14, 2020.
Jul 14 2020Brief of respondents Ninth Inning, Inc., et al. in opposition filed.
Jul 15 2020Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from July 29, 2020 to August 12, 2020, submitted to The Clerk.
Jul 17 2020Motion to delay distribution of the petition for a writ certiorari until August 12, 2020, granted.
Aug 11 2020Reply of petitioners National Football League, et al. filed. (Distributed)
Aug 12 2020DISTRIBUTED for Conference of 9/29/2020.
Oct 05 2020DISTRIBUTED for Conference of 10/9/2020.
Oct 13 2020DISTRIBUTED for Conference of 10/16/2020.
Oct 26 2020DISTRIBUTED for Conference of 10/30/2020.
Nov 02 2020Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition. Statement of Justice Kavanaugh respecting the denial of certiorari. (Detached Opinion)