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By Roy Girasa (auth.)

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The non-moving party ‘must set forth specific facts showing that there is a genuine issue for trial’ ” Fed. R. Civ. P. 56(e). The facts brought forth must be material, that is, “facts that might affect the outcome of the suit under the governing law . . W. Elec. ” An issue of material fact is one which, under the substantive law governing the issue, might affect the outcome of the suit. However, “where the record takes as a whole could not lead a rational trier of fact to find for the non-moving party, there is no “genuine issue for trial,”19 since the preponderance of the evidence standard is used in the determination, more than a mere scintilla of evidence in support of the plaintiff ’s position is required.

8 A commissioner of the SEC, Roel C. S. K. approaches is overblown. S. securities’ enactments of 1933, 1934, and 1940 in addition to numerous rulings. Similarly, he noted that although the FSA subscribes to the eleven basic principles, the FSA’s entire book of rules is over 8,500 pages, far more than the SEC’s rules and regulations. His comment may no longer be accurate after all of the regulations required by the Dodd-Frank Act have been enacted. Part of the dichotomy between the two national approaches may be due to the fact that the United States has the largest and deepest retail securities’ markets in the world while the United Kingdom is dominated more by institutional and controlling shareholders.

Their actions allegedly included making unfair agreements with the CLECs for access to ILEC networks, providing inferior connections to the networks, overcharging, and billing in ways designed to sabotage the CLECs’ relations with their own customers. According to the complaint, the ILECs’ “compelling common motivation” to thwart the CLECs’ competitive efforts naturally led them to form a conspiracy; “[h]ad any one [ILEC] not sought to prevent CLECs . . from competing effectively . . ” Second, the complaint charges agreements by the ILECs to refrain from competing against one another.

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