![]() These claims presume that the relevant market for this dispute is the market for yellow pages advertising in the Rochester metropolitan area. White alleges that RTC's refusal to license its listing information violates § 2 of the Sherman Act in two ways: first, White claims that the listing information it seeks is an "essential facility," to which White must have access if it is to compete in the yellow pages market in Rochester and, secondly, White claims that RTC is leveraging impermissibly its telephone service monopoly to maintain a monopoly in the yellow pages advertising market in Rochester. White's other efforts to secure this information from RTC proving unsuccessful, White filed this action only against RTC, pursuant to § 2 of the Sherman Act, 15 U.S.C. On December 12, 1988, RTC refused White's request, citing a long-time RTC policy not to disclose listing information. ![]() In late November of 1988, White in a letter to RTC requested a license to purchase certain listing information, contained in a database, which includes the names, addresses, and telephone numbers of all current residential and business subscribers to RTC's telephone service. White verifies each listing, from whatever source, before entry in its directories. ![]() In 1986, however, White licensed listing information from New York Telephone Company for use in publishing its Buffalo directory. In its other markets, White has traditionally relied on the telephone companies' published directories rather than obtaining listing information directly from the telephone company. (These cut cards are ads cut from the existing RTC yellow pages directory and pasted on index cards, to be used in soliciting advertisement.) (In each market, White first spoke with potential advertisers about their reactions to the idea of a second yellow pages directory and visited the Chamber of Commerce for information on the area.) White rented office space in the Rochester area, arranged for telephone service, hired and trained a sales and office staff, planned a sales campaign, found a printer, and found someone to distribute the directory and prepare "cut cards" for use as sales leads. White followed the same procedure in entering the Rochester market that it had followed in entering other markets. In September 1988, White announced its intention to enter the Rochester market, and to publish a directory with an alphabetical list of Rochester businesses and a yellow pages classified advertising section. ("White") is an independent publisher of telephone directories in various cities, including Erie, Pennsylvania and Buffalo, Niagara Falls, and Lockport, New York. RTC distributes this directory to every household and business that has a telephone, as part of the service for which telephone subscribers pay. This directory is the white pages directory, and contains both business and residential listings.Īcting through a publishing company, RTC also compiles and publishes a yellow pages directory. In connection with providing this service, the Public Service Commission ("PSC") requires RTC to publish an alphabetical directory of its telephone subscribers. Rochester Telephone Corporation ("RTC") provides telephone service to Rochester, New York and to its surrounding communities. Trubek, Rochester, N.Y., and Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., for defendant (Michael T. Nunes, of counsel) and Senniger, *66 Powers, Leavitt & Roedel, St. ROCHESTER TELEPHONE CORPORATION, Defendant. WHITE DIRECTORY OF ROCHESTER, INC., Plaintiff,
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