Today, NetChoice filed an amicus brief to the Supreme Court in support of Duke Energy in Duke Energy Carolinas v. NTE Carolinas II with Computer & Communications Industry Association, the App Association (ACT), Chamber Of Progress, Incompas, Connected Commerce Council, Consumer Technology Association, Developers Alliance, and the Software & Information Industry Association.
The Fourth Circuit’s “monopoly broth” theory dangerously rewrites antitrust law by claiming that individually lawful business practices can become illegal when combined. This flawed logic would punish normal competitive behavior, threatening innovation and economic growth across all sectors.
We urge the Supreme Court to reject this overreach and restore clear, predictable rules that protect vigorous competition and lawful enterprise.