Anderson Kill represented Sprint in a class action treble damage lawsuit brought against the four largest carriers of wireless telephone services alleging violations of Sections 1 & 2 of the Sherman Act, 15 U.S.C. § 1.

On August 17, 2006, the United States District Court for the Southern District of New York denied plaintiffs’ motion for certification of a nationwide class of consumers.  The plaintiffs alleged that the carriers participated in a conspiracy to, among other things, lock handsets and tie the sale of handsets to the sale of cellular service, with the intent and expectation of causing artificially elevated prices for handsets and cellular service.  In denying class certification, the court found that since neither the type of antitrust injury alleged by plaintiffs nor the element of coercion necessary for plaintiffs’ tying claims were susceptible to generalized proof, certification of the class was not appropriate.For additional information, please contact:Carol A. UeckermanCommunications/Marketing Manager(212) 278-1339cueckerman@andersonkill.com