Verizon Moves for Dismissal of Cabinetmaker’s Antitrust Claims

The U.S. District Court for Western Kentucky in Louisville should dismiss Midwest Cabinet Suppliers’ Dec. 12 first amended complaint for its “unfounded antitrust and tort claims,” argued Verizon Wireless in a memorandum in support Wednesday (docket 3:22-cv-00493). Midwest alleges Verizon orchestrated an unlawful “tying” scheme that steered the supply of retail store fixtures for Verizon’s resellers to Midwest’s competitors. “Midwest’s gripe is fundamentally one of disappointment,” responded Verizon. It claims to have lost a single customer, Cellular Sales of Knoxville, “as a result of legitimate competition,” it said. Midwest’s claims “stem only from Verizon’s run-of-the-mill competitive business decision to implement a uniform customer experience across Verizon-licensed agent retail stores,” it said. Its disappointment “is nothing more than a natural consequence of routine business activity, which is not compensable under federal or state law,” it said. “Not every business injury produces an actionable legal claim, let alone one that rises to the level of an antitrust violation or tortious interference.”